Things to consider when your pay structure is changed and you know it will be detrimental to you.

by natalia justiniano
(miami, florida)

I was working 40 hours a week at my job, earning $8.75 an hour plus commission, since august 18, my status changed to only commission, and a draw of 25 hours a week...do i get any help from you?

please let me know because i am desperate
thank you


Hi Natalia,

I can only help by telling you what I think you might try to do.

I think you should try to file for partial unemployment benefits, given that you were working 40 and now are only allowed a draw of 25 hours. Partial unemployment benefits become possible when you work less than full-time.

When an employer changes your pay structure .. and you believe it will be detrimental to your earnings and changes the condition under which you accepted the job .. you can either accept the changes .. or after giving it just enough time to gather proof that it was detrimental and created a substantial change in the conditions of employment .. quit.

If you stay too long it has the effect of showing you accepted the change in conditions of employment.

A reduction of 20 percent in pay is usually enough to support a quit, but of course Florida does not have any publication which discusses these types of issues. But I have read decisions which indicate this is a threshold at which you may start considering quitting due to a change in pay. There may be other elements also .. like still making you work 40 hours a week.

There is no doubt though that this type of quit would be attributable to the work and that the standard of whether any "reasonable person" under the same circumstances would do the same.

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