Legal Question in Employment Law in New Jersey
I am a sales person with a salary plus comensation package. My employer enformed me that he is going to put me on commison only compenastion with no benifits and I will not be able to get unemployment benifits. I feel I am entitled to(worked for years and did not collect) He said he would not terminate me and I would have to resign and I know if I do I for sure could not collect. Sales are very slow and will not be able to support my family on a commision only basis.
Please let me know what If anything I could do.
Thanking you in advance for your help
1 Answer from Attorneys
The bad news is that, as a general rule, an employer can change the level of an employee's compensation at any time, for good, bad or no reason. There are exceptions to the rule. But, I need more information before I can advise you. The good news is that "resigning" does not necessarily disqualify one from receiving unemployment compensation. Please contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.