Legal Question in Employment Law in Virginia

I have worked in newspapers sales for 9 1/2 years. This last year our business took a hit and there were major layoffs and downsizing. The boss had to move the business to 100 year old townhouses which he had as an investment. The location was not safe and the buildings should have been condemned. Because my commission was stopped and my pay reduced and my commute lengthend by an hour, I decided to work from home. He was ok with this for a few months but also wanted me to come to the office once a week for a sales meeting, which I refused. He then decided to give me a new job in marketing. After 2 months he realized that this was not working and now wants me to do sales for large businesses. However, he told me that he "does not have any money" and he would have to figure out a commission plan for me. I feel as if he is trying to avoid firing me so that he can avoid unemployment insurance. What should I do?


Asked on 2/16/10, 8:07 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If no reasonable commission plan is forthcoming for you anytime soon under the circumstances described, it would then seem reasoanble for you to consider yourself effectively "laid off" and for you to, accordingly, apply for unemployment benefits (in my opinion).

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Answered on 2/22/10, 1:56 pm


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