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Salary withdrawn, commission only, IL Illinois

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  • Salary withdrawn, commission only, IL Illinois

    I started just over a month ago as a recruiter for an executive recruitment firm. The deal was $30k/ year plus commissions. Myself and the other person in the office were informed last week by our manager that, effective immediately, we would no longer be recieving a base salary. There was the possibility of a draw against commissions, but only if we had something immediately forthcoming (i.e., a placement that had been billed to the client). Unfortunately, I'm not quite there yet (getting there, yes).
    I quit a job, albeit kind of a crappy one, but I quit a job where I was making salary in order to take this one. Now I suddenly have no income yet I still have bills, rent and most importantly, child support to pay?
    What do any of you suggest? I don't imagine I qualify for unemployment, as I'm technically still working. My inclination at this point is to file a complaint with the Illinois Department of Labor.

  • #2
    Two things.
    - UI is based on wages paid, not on the employer saying the magic words "you are terminated/fired/whatever". If you are no longer getting paid, file for UI. It works or it does not work, but as long as you are honest telling the state what is happening, especially telling them if/when you get paid, there is no downside to you.
    - Assuming that you work in an office, it is not legally possible to pay you commission only. Federal DOL is very clear that (assuming you work in an office) you must be paid at least minimum wage (plus overtime). Commission only is restricted to Outside Sales. A fairly large number of firms in recent years have been fined for trying to say that stockbrokers, mortgage brokers and other employees who try to sell some type of service from an office supposedly qualify for Outside Sales. I have no specifically heard about headhunters but it is very likely that they would be considered the same by the government.
    Last edited by DAW; 11-26-2008, 12:14 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Yesterday I filed for unemployment. Today they terminated me.... so I yes, I called a lawyer.

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