I was just laid off as a retail store manager after 23 years of employment with my company here in Phoenix because they closed my store location:( . They have one more store still open but did not hire me for that store. I went into that store the day after I was laid off to seek continued work in the company. My supervisor and his boss did NOT offer me a job in either retail sales or management at that store. They said I could do "outside sales" for them, but they would not pay me on the clock. It would be on a commission only basis. I told them I wasn't interested in working that way selling commission only. That would mean I'd be "self-employed," and really not working for them, isn't that corrrect? I had previously been paid a guaranteed weekly wage and commission, and I just don't think they wanted that expense anymore:confused: .

Anyway, ever since that time they have been saying to former coworkers and customers of mine that "I had quit" and not been laid off:mad:. They have also since said to me that they HAD "offered me a job" at their remaining store, but I refused to show up and start work later the next week at the appointed time, which is simply not true. My supervisors, it seems, will do anything it takes to stop former employees from getting unemployment benefits and they have tried to do this before:mad: . What can I do to support my position of being laid off so I CAN receive unemployment benefits? I have not filed for the benefits at this point and it's been three weeks since I have been laid off. I haven't found work yet so I am about to file for unemployment benefits.

Hoping you can help,

Tprask

But they did offer you a job. You weren't interested in being paid on commission and turned it down.

On the other hand....

The employer does not get to decide if you will get benefits or not. File for them.. you have nothing to lose and it doesn't cost you anything to file.

If an employer doesn't hire a person "on the company clock" but instead offers to pay them as an independent contractor on a 1099 form for work done, does that kind of relationship count as being "employed" by and working for the company, especially if the independent contract would be doing similar work for other businesses?

Who mentioned the words "independent contractor", "self-employed" and "1099"? The employer or you?

It is certainly legally possible to have an employee doing outside sales who is paid on a commission only basis.

I agree with the other point that there is no reason not to file for UI. No certainty that you will get it, but also no certainty that you will not.

Well, if you were laid off there must be a reason for it. Employers don't lay off their good employees. Did you do something (or not do something) that caused your store to fail? Maybe you should think about whether you deserve unemployment benefits. Also, If you were a good salesman and manager you wouldn't have a problem getting another job.

Just go ahead & file for UI & keep looking for other work.

Thank you for all your comments and suggestions. I will seek IU and continue looking for work.:)

tylenol, I don't think it's appropriate to suggest that our poster was solely responsible for the closing of the store. ALL employees at that location would have been laid off; that's not the responsibility of any one person. They aren't going to have room in the remaining store for everyone who got laid off; if they did, why would they bother closing the one location in the first place? It's no reflection on the poster that they couldn't create a new position for him.

tylenol, I don't think it's appropriate to suggest that our poster was solely responsible for the closing of the store. ALL employees at that location would have been laid off; that's not the responsibility of any one person. They aren't going to have room in the remaining store for everyone who got laid off; if they did, why would they bother closing the one location in the first place? It's no reflection on the poster that they couldn't create a new position for him.

I can understand an "innocent until proven guilty" position but you are assuming facts not in evidence. You cannot know that what happened is "no reflection on the poster". You also cannot know that ALL he employees at that location were laid off. I've owned several businesses and I have closed locations for one reason or another and I have ALWAYS found a way to keep my best people.

If an employer laid off EVERYONE at that location and hired back some of them at the other location but offered TPRASK a position much lower than he'd previously held - it is more logical to assume he had not done a satisfactory job than to assume otherwise. Also, if TPRASK has 23 years experience in sales and management and he had a track record of success I don't understand why he would have a problem getting another job. I was a top saleperson for 10 years with one company and when I decided to leave I had offers from a dozen companies the very same day. As a matter of fact, in my career in sales I had constant job offers from competitors and venders I worked with. Then again, I was always the best salesperson wherever I worked.

tylenol, Since you point that others are assuming facts, then I shall point to the fact that you ASSUME as well. The way you wrote your posts is mean and not even relevant to the topic.