I work as an all commission loan officer for a Texas company. Unfortunately, the economy is such that I can not find another job, but I am all commission and my income has declined to a level that can not sustain my family. Can I quit and collect unemployment due to the fact that I must care for a minor child or that there was a material change in my employment agreement? Here are the details:
The best option appears to be demanding my original split back orally and in writting. If they don't give it to me, can I file for unemployment based on a material change in my employment agreement? In addition, I don't expect to make more than the cost of daycare. My wife is currently the breadwinner. Can I file an unemployment claim to take care of a minor child that is not sick?
- 2006 Signed employment contract with a reasonable commission split.
Late 2008 given an opportunity to take house leads for a lower split. The increase in overall revenue made sense, so I did it. There was no new contract.
Early 2009 was a good time, and the company did what it said it would.
Mid 2009 a new CEO was named, and intially there was little change.
Late 2009 it becomes apparent that the CEO is diverting house leads to an hourly worker. In general the company is not living up to its end of the bargain.
January 2010 I request to return to my original commission split, but the request was ignored. I have written evidence.
February 2010 My son is born, and my wife gets 8 weeks maternity leave.
The best option appears to be demanding my original split back orally and in writting. If they don't give it to me, can I file for unemployment based on a material change in my employment agreement? In addition, I don't expect to make more than the cost of daycare. My wife is currently the breadwinner. Can I file an unemployment claim to take care of a minor child that is not sick?
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