More details to this question:
I am in North Carolina. I signed an agreement almost 90 days ago for a salary plus commission outside sales job. I have not been told that after my 90 days ( which is coming up in 4 days) , I will be required to do telemarketing ( 45-100 calls a day minimum) and be required to make quota in order to retain salary. Otherwise I will be going to commission only. . so my question is this. I was on unemployment from being layed off when I took this job. I called unemployment and they told me to reopen my case and start filing. When my salary is taken I will resume getting payments. My concern is that if I stay after the 90 days and I do not make the required calls or make quota they will have a reason to fire me and not pay unemployment. Should I leave at the 90 days or wait it out? My contract states nothing about every losing my salary. If I should leave at 90 days, do I just said the new terms are unacceptable to do I have to say I quit?
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4 Awards
I am very confused by the response from the Division of Employment Security. You are only entitled to benefits if you are unemployed within the meaning of the law, or if you making substantially less money because the employer is not giving you enough hours. Putting you in a commission only job is neither. I cannot see, as I understand your facts, how you can be eligible for unemployment benefits. You probably should consult with an attorney who is experienced in handling unemployment claims.
Answered on Apr 03rd, 2013 at 5:46 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.