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100% job and Unemployment North Carolina

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  • 100% job and Unemployment North Carolina

    Hello everyone, I am looking for help. TIA

    The company I worked for closed their doors about a month ago and I filed for unemployment benefits, got approved and started getting unemployment benefits.

    A couple of weeks ago I started working at another company that's a 100% commission sales job, it has no set schedule ( I work around 20hrs/week), has no minimum wage pay, no draw, Nothing.

    Being an honest person, I started filing my weekly certifications indicating that "yes I have worked last week and made $1.00" because the system will not let you put in a 0 (zero).

    This past Friday I get a call from my local Unemployment Secuirty Comm. office telling me that I should stop filing since I returned back to work and that it doesn't matter that my new job is 100% commission with no pay whatsoever. I need to stop filing period or I am commiting a fraud.

    I tried to politely argue that I even have an Earning Allowance of 150-something on top of my unemployment benefits. But she was very rude and told me "did you hear what I said? you need to stop filing"

    This morning I go to file my weekley certicication and of course there's a flag that's stating a determination of my future benefits will be mailed to me shortly.

    Please help, what do I do?

    Thanks all.

  • #2
    Why don't you hold for the determination of your future benefits which is to be mailed to you shortly & go from there?

    Someone else may have some add'l./other suggestions.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      If this is an outside sales position, I agree with them. You're working, apparently full-time. I fact that you haven't earned any commissions yet is irrelevant for UI purposes, under these circumstances.

      If this is an inside sales position, please post back, because if so, there are more problems than you've described.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Thank you for all your replies.

        Yes it is an inside sales job. Since they're not paying any draw against future commission or salary/minimum wage, everyone comes and goes. I usually go in there for around 20 hours a week, while I am still looking for a job with some kind of salary or at least a draw against future earnings.

        According to them I have a right for an earnings allowance of upto 150 bucks a week, I am not making anything at all where I am. I just don't want to do nothing and am trying to make some money but haven't yet and in mortgage industry right now won't make anything for a couple of months.

        What do you think I should do?

        Comment


        • #5
          For starters all inside sales jobs without exception must pay at least mininum wage (on a workweek basis). The phrase "100% commission" as in ignoring hours actually worked applies legally only to Outside Sales. A fairly huge list of firms who have claimed otherwise have lost big time in courts in recent years. This includes major stock brockerage firms, banks and mortgage companies.

          Past that, there are several possible handlings which tend to industry specific. We would need to know your industry (not the name of the employer) to now which specific set of rules might apply to you. It also would not hurt to go over your actual job duties if you are doing anything other then actual selling of product.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            Thank you very much for your time all.

            I am a mortgage loan officer. And work at a broker shop part-time now.
            It is most definitely an inside job, I never go anywhere outside to solicit business or meet potential customers.

            I am not sure how they get a way with not paying anything per hour or a draw. But I am only there a few hours a week trying to make something out of nothing while I am looking for a normal loan officer job with a salary + commission or at least a sizeable draw against future commissions.

            I hope I am not getting penalized for being honest, because I know a few people there that are simply answering "no I haven't work last week and made 0.00" on their weekly certification and collecting unemployment without any headache that I am having.

            Thanks again and let me know what you think.

            Comment


            • #7
              I think that if you sell from inside an office (as opposed to physically knocking on customer doors) that you need to be paid minimum wage and overtime.

              http://www.dol.gov/whd/opinion/FLSA/...31_11_FLSA.pdf
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Thanks for your Reply. But that is another story that I don't have means to fight.
                what do I do about my situation? How do I fight and continue getting my unemployment benefits?
                thanks.

                Comment


                • #9
                  I am not a UI expert, but maybe you do not. I have heard before that state UI considers outside sales people to not be eligible for UI even if they are not selling anything.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment


                  • #10
                    I understand but I am not an outside. I am inside only and call on people using their computer and phone system. My job doesn't involve at all going outside.
                    Thanks

                    Comment


                    • #11
                      Then you file a claim with the state Dept. of Labor for minimum wage violations. Immediately.

                      You have two different issues here. You say you want to continue filing for UI benefits because you are not making any commissions and therefore receiving NO pay. But you ARE working and the "no pay" problem is not because you are not making "sales" but because the employer is not making minimum wage. Apples and (or?) oranges.
                      Last edited by Pattymd; 11-16-2009, 03:59 AM.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        Thank you PattyMD.
                        that's probably gonna take forever. I am only there part-time and I am only working there cause I don't want to sit at home while I am looking for a Real job.
                        How do I explain this to unemployment commission?

                        Comment


                        • #13
                          Explain what to the UI commission? That you continued to file for benefits because you made a mistake? That you made a mistake. You will have to repay benefits paid in error.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            You really do need to file a min. wage claim with your state's DOL.

                            You tell the UI office the truth.
                            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                            Comment


                            • #15
                              What mistake did I make? I must not be explaining myself clearly. I am not there but 4 hours a day and I don't even get paid for it. I am entitled to make upto 150 a week - I make nothing. Why is this so hard.

                              Comment

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