reduction of car compensation and not being paid for earned commissions


(Georgia)

Can you collect unemployment when you quit a job in Ga.


After 6 months on the job I was called in to be told that from now on I will be getting $100.00 per month gas allowance in stead of the current FMR .55 per Mile. I was also told I would not be paid for commisions earned due to the fact my sales were not up to thier standards. I have also been directed to work at least 2 days pr week near the main office which is 60 miles from home. So, along with not being paid by the mile I will have to use the $100.00 monthly car/gas allowance to buy gas and wear and tear on my vehicle. My average is 1000 miles per month and now will be around 1500. This will cost me to drive rather than being paid for it. My commission removal was determined to be retroactive to the day I started and is termed in a new writing that it is to be reinstated when the "MARKET DICTATES"

I have an agreement from August 6th 2009 stating clearly my .55 per mile and my commission percentages.

The gas mileage was paid in January but on a the 2/8 meeting the mileage was said to end and february will not be paid from 2-1 forward.

I have the old and new agreements in hand and have been denied aprox $3000 in back commissions. I plan on meeting with them as soon as I hear from this post to try to work out this w/o quitting and ask I be laid off so I can collect unemployment and sustain while I look for a new position. Not sure what will happen....


Hi,

I can't give you legal advice on employment contracts. You need to talk to a lawyer for that.

But as far as unemployment benefits .. and if you quit .. I personally would argue that the changes the employer are requiring you to submit to represent a substantial alteration of the "conditions or original terms of hire" and that the changes represent x percentage reduction in remuneration .. including the added expense of travel. This is where good cause would be .. the question would be if a GA adjudicator or hearing officer agrees with you.

I believe it would first be beneficial if you find out how GA defines suitable work and then .. if you want to be very thorough find some interpretive precedents.

You could do this at a law library or possibly doing some online legal research.

"Georgia Unemployment Precedent Decisions" Good Luck finding these to just pop up in a google search. I have yet to find GA precedents on their website ..

If you do .. come back a give me the link .. I'd appreciate it.

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