Shouldn’t I qualify for unemployment benefits since there’s work slowdown and I’m a commission only employee?

Get Legal Help Today

 Secured with SHA-256 Encryption

Shouldn’t I qualify for unemployment benefits since there’s work slowdown and I’m a commission only employee?

I work a full-time commission only sales position. I only get paid when I sell something; there is not even a draw. Recently, our company has cut our marketing budget and laid off a large portion of our sales force due to a slow economy. I am used to selling on a consistent basis and taking home a full-time paycheck every week. Now that I haven’t been selling due to a slowdown in work along with a cut in the budget, shouldn’t I be entitled to collect unemployment if I’m not receiving a check or just a small check weekly?

Asked on January 19, 2012 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unfortunately, when you a commissioned employee, the fact that you are hitting a dry spell does not mean you are unemployed, for purposes of collecting unemployment compensation. Commissioned income is always subject to variation, and it's possible to go weeks or months with no or few significant sales; however, as long as you have a route/clients/territory and are working it, you are employed for unemployment purposes.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption