Results 1 to 9 of 9

Hybrid View

  1. #1
    Join Date
    Dec 2013
    Posts
    3

    Default Can I Get Unemployment if I Refuse a New Contract With Different Commissions

    My question involves labor and employment law for the state of: Pennsylvania

    I work in advertising sales. It is my first year and I was given a 1 year contract offering mostly salary with some commission if my baseline sales requirements are met. I am approaching the end of my year of work an there is a rumor that the next contract I will be offered is going to be only commission and no salary which worries me about how I might pay my monthly bills. If I don't sign on the new and different contract they might ask me to sign, would I still qualify for unemployment benefits?
    Thank you in advance for your help.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Would I Qualify for Unemployment Compensation If

    The best I can offer you is a cautious - maybe. PA is kind of weird about benefits for reductions in wages or hours.

    You might. You might not. But to maximize your chances if you decide to quit, DO NOT WORK ONE SINGLE HOUR under the new contract. I am absolutely not guaranteeing that as long as you do not work at the new contract, you will definitely get benefits - it is by no means certain that you will.

    But if you work at the new contract AT ALL, your chances of collecting unemployment, not overly high to start with, plummets to zero.

  3. #3
    Join Date
    Dec 2013
    Posts
    3

    Default Re: Would I Qualify for Unemployment Compensation If

    Quote Quoting cbg
    View Post
    The best I can offer you is a cautious - maybe. PA is kind of weird about benefits for reductions in wages or hours.

    You might. You might not. But to maximize your chances if you decide to quit, DO NOT WORK ONE SINGLE HOUR under the new contract. I am absolutely not guaranteeing that as long as you do not work at the new contract, you will definitely get benefits - it is by no means certain that you will.

    But if you work at the new contract AT ALL, your chances of collecting unemployment, not overly high to start with, plummets to zero.
    If the contract expires, what is the difference between them firing me, or making me sign a new contract under any terms they demand?!?
    I guess I'm just taken back by what may come next month. Thank you for your reply and advice.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Would I Qualify for Unemployment Compensation If

    If they offer you a contract and you refuse it, the argument can be made that they did not fire you and in fact offered you work, which you refused.

  5. #5
    Join Date
    Dec 2013
    Posts
    3

    Default Re: Would I Qualify for Unemployment Compensation If

    Quote Quoting cbg
    View Post
    If they offer you a contract and you refuse it, the argument can be made that they did not fire you and in fact offered you work, which you refused.
    That is a good point.
    I hope they just offer me a renewal of the contract I have this year.
    Thank you for your help

  6. #6
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Would I Qualify for Unemployment Compensation If

    The argument that you were offered "new" work is valid. The thing is that a refusal of work has many more loopholes to obtain benefits. To further improve your chances of getting UI, say that you were "fired/discharged" when you applied because it's true. Your contract ended. Then on your first claim form, you check the "did you refuse any work" box. That way you are in no way committing fraud.

    CBG is so right about not working under the new terms. In your case, you had a chance to think about it, you'll have to sign a new agreement, and once you do that, you can't go to UI and say, "I changed my mind. This commission only structure was too much of a cut in pay." The UI system doesn't protect you when you've negotiated the agreement, but it might be there when the employer tries to make you take something you don't want.

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: Implied Contract for Payment of Commissions
    By strutnpurr in forum Employment and Labor
    Replies: 2
    Last Post: 09-17-2013, 01:11 PM
  2. Unemployment Benefits: Can You Get Unemployment if You Refuse Transfer to a New Location
    By Flowchart in forum Employment and Labor
    Replies: 1
    Last Post: 06-05-2013, 05:48 PM
  3. Unemployment Benefits: Can I Get Unemployment if I Refuse a Job Transfer
    By luckyelizz88 in forum Employment and Labor
    Replies: 5
    Last Post: 03-26-2013, 06:27 PM
  4. Disciplinary Issues: Should an Employee Refuse to Sign a Disciplinary Contract
    By FDTT in forum Employment and Labor
    Replies: 5
    Last Post: 09-02-2012, 08:25 AM
  5. Unemployment Benefits: Unemployment Question: Did You Refuse Any Work
    By clnameforads in forum Employment and Labor
    Replies: 3
    Last Post: 08-23-2011, 08:22 AM
 
 
Sponsored Links

Legal Help, Information and Resources