Hello, I was recently receiving unemployment benefits but after several months I found a full-time Job. I was working an hourly wage at over 40 hours a week. Then they were dropped to 30. I was then forced to transfer to another part of the company. I now work only on commission. I?m there almost 40 hours plus but barely make any actual hours at all. I have just passed my 90 day probation period. Is there anything I can do? I can’t afford to work there but am afraid to quit. What actions can or should I take? Is there anyway I can get partial benefits?
You cannot get partial unemployment benefits for a reduction in wage, or salary, if you still work full time because you are not yet even partially unemployed.
The possibility of benefits would depend on whether the change from hourly to straight commission represents a substantial change in the terms and conditions of your employment.
A state usually looks at the actual change to pay and how long you have been working under the new conditions.
There comes a point ( and it’s not really spelled out in laws ) that a voluntary quit due to something deemed by the state as a substantial change that continuing to work can become the problem, however.
The result of staying too long after a substantial change can results in a denial of benefits for quitting suitable because of the length of time a person has seemingly, accepted and worked under the new terms and conditions.
Yet, it’s possible to find unemployment precedent decisions that will also deny benefits merely because a person didn’t give the new pay structure a chance, or can’t show their efforts to reason with the employer first when a change really is substantial .. or present proof of how substantial .. for instance pay stubs that compare the before and after.
You may want to investigate by reading Florida unemployment law, or precedents in other states that publish UI decisions.
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