Christmas 2014 my boss says he is no longer going to pay my salary.
I was offered a sales position from a friend in my Bible Study group. Going to Bible Study together for over a year we became friends. He is a General contractor and needed help closing accounts, signing them on contracts and taking a down payment.
I started June 2nd 2014, and quickly caught on to the business. I sold nearly $250,000.00 by the end of 2014. I had been paid about $4,000.00 in commissions and $2,000.00 a month salary.
When I first started with him I asked for a sales contract, he said he was too busy to do that immediately but we were good friends, went to the same Bible Study and the same church, he said " Do you really need a contract?"
After all he was paying my salary, and we were writing up new business. I brought in a ton of new work. I thought who in their right mind would screw somebody over that was making them money? So I just put my head down and did my job, and I did it well.
My sales for December were:
Residential sales $23,500.00
Commercial sales $71,000.00
On December 14th my boss waited till after that night’s sales call and he told me he was no longer able to pay my monthly salary. I was floored, we had plenty of sales and money coming in and he claimed he was broke and no longer could afford to pay me my salary.
He said I could come into the office and call and make a $10.00 an hour for calling, but that was only for a couple of hours each day and he couldn’t pay my sales expenses. I had $14,000.00 in commission due me as soon as the work was finished for residential and $7,000.00 for commercial.
Here is where things started getting really fishy. I asked to be paid on a job we started back in September and was to be finished before Thanksgiving 2014, and he said he lost money on that job and he still had not finished so he could not pay me anything on that job.
I said your taking me off salary and you are not going to pay my commissions? What am I to do? He said part of being a team player was to help a company out when they were in hard times. He also said he couldn't buy Christmas presents
for his family and that I was making more money than him. That he was not going to stand for that. And he walked away.
I kept working from home on clients through Christmas and New Year’s. I figured he was in a bad mood because his son is in Loma Linda Hospital with cancer and he has been going through a lot. I figured he would come around. When he still wouldn't pay any commission and he was only paying be $380.00 of my $2,000.00 salary, saying that that was for the hours I was in the office. Which I never had to be in the office to be paid all I needed to do was close business. Which I was.
So I told him that it was time for me to part ways and find a new career.
My question is does this qualify me for an Appeal?
I have phone number of client who have not got their jobs finished and has taken 3 times longer than the contract states. I also have another phone number of another client who was furious at Micah and believes him to be a con man, who had similar experience with Micah.
I have months of pay stubs showing me on salary being paid $2,000.0 a month. I have two commission pay stubs showing that I was paid commission at 10 % on jobs I was paid on.
Other than that I don’t know what else I can show. UI turned me down saying I passed up good work. Which I am appealing.
Although I having trouble figuring out why in the world the EDD would deny your unemployment for quitting without good cause if you told them about this stuff that amounts to substantial changes to the terms and conditions of hire .. I can tell you I would appeal just to save my appeal rights .. and figure out what might of went wrong..
But I'd leave your former employer's clients out of it .. as their experience and reasons for disliking him, do not align with your goal of trying to win an unemployment appeal hearing where you will have to show you didn't accept those changes, but did try to make them work while you waited for that at-will employment ship to right itself.
There's also the option of seeing if you might have a valid California wage complaint too.