Shouldn’t I qualify for unemployment benefits since there’s work slowdown and I’m a commission only employee?
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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 12 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.
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