This is a rather confusing situation, I will try to make it as brief at possible:
3 years ago, I was hired at a company working with debt consolidation. A year later it closed and incorported into medical discount plan. It closed and a year later it switched to auto warranty. During that time I was harrassed severely by a coworker, sold illigit products, etc etc. I couldnt take it anymore, so i quit. I was denied unemployment benefits. Meanwhile, I was serching for another job, however, I still appealed the denial decision. I went to court on April 25th. A week later I got a letter stating that I did in fact have good reason to quit so therefore I was awarded the benefits. During all this, I had gotten a new job at a brand new company. I was hired on with a 6 month trial period.
After working a full month, I was not getting any sales and the company was not making any money. I had a resume posted at a job site and was contacted by a trucking company for a dispatching job. I went to the interview and was told to come back around the end of April for a 2nd interview. meanwhile, I had written a resignation letter at the beginning of April. I never gave it to my employer because I didnt get the job yet, so I kept the letter in my wallet.
At the end of April (4/28/08) I was called into my bosses office. He informed me that he could no longer afford to pay me my salary because of lack of sales. So he removed me from payroll and offered a commission only structure. (the company wasnt making any money and I wouldnt see any compensation for 90 days after each sign up for any individual who bought the product I was selling). knowing that, I declined the commission only basis. At that point, he asked me to write him a letter that I was leaving. I told him that I had written a letter at the beginning of April when i thought i was getting another job, but i didnt get it yet. He asked to see the letter and kept it! He turned that letter into EDD and now I got denied my benefits because I reopened my case. He's claiming I quit, but I didnt!
Is that legal? Can you take somebody off payroll and tell them to go independant? If I decline the commission only structure, does that mean I quit the job? Thats not fair if so. The company made 0 dollars in 2 months. How could i accept a structure that has no income? Please help. because now I will be getting denied my benefits and i dont know what to do. All I know is I will have to appeal it again. will I need a lawyer? How much do they normally cost, and what is my fight? HELP Please. Thank you.
3 years ago, I was hired at a company working with debt consolidation. A year later it closed and incorported into medical discount plan. It closed and a year later it switched to auto warranty. During that time I was harrassed severely by a coworker, sold illigit products, etc etc. I couldnt take it anymore, so i quit. I was denied unemployment benefits. Meanwhile, I was serching for another job, however, I still appealed the denial decision. I went to court on April 25th. A week later I got a letter stating that I did in fact have good reason to quit so therefore I was awarded the benefits. During all this, I had gotten a new job at a brand new company. I was hired on with a 6 month trial period.
After working a full month, I was not getting any sales and the company was not making any money. I had a resume posted at a job site and was contacted by a trucking company for a dispatching job. I went to the interview and was told to come back around the end of April for a 2nd interview. meanwhile, I had written a resignation letter at the beginning of April. I never gave it to my employer because I didnt get the job yet, so I kept the letter in my wallet.
At the end of April (4/28/08) I was called into my bosses office. He informed me that he could no longer afford to pay me my salary because of lack of sales. So he removed me from payroll and offered a commission only structure. (the company wasnt making any money and I wouldnt see any compensation for 90 days after each sign up for any individual who bought the product I was selling). knowing that, I declined the commission only basis. At that point, he asked me to write him a letter that I was leaving. I told him that I had written a letter at the beginning of April when i thought i was getting another job, but i didnt get it yet. He asked to see the letter and kept it! He turned that letter into EDD and now I got denied my benefits because I reopened my case. He's claiming I quit, but I didnt!
Is that legal? Can you take somebody off payroll and tell them to go independant? If I decline the commission only structure, does that mean I quit the job? Thats not fair if so. The company made 0 dollars in 2 months. How could i accept a structure that has no income? Please help. because now I will be getting denied my benefits and i dont know what to do. All I know is I will have to appeal it again. will I need a lawyer? How much do they normally cost, and what is my fight? HELP Please. Thank you.
