Legal Question in Employment Law in Florida

I am in Florida, I am a sales person I am paid on a salary plus commission basis. If my employer says due to the economy we have to turn you into a strait commissioned employee with no salary, can I reject the forced change and request to be laid off and collect enemployment?


Asked on 3/19/10, 6:40 am

2 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

If you're laid off, you should qualify for unemployment benefits regardless. If you quit because your pay has substantially changed to your detriment, that should also be good enough reason to collect benefits.

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Answered on 3/24/10, 6:47 am
Scott Behren Behren Law Firm

If you can't handle the change in terms, then you could quit and try to collect unemployment. Your former employer might contest it, if that is the case you should probably retain a lawyer to handle these administrative hearings for you to ensure you do not lose your unemployment benefits. Feel free to contact my office if you have further questions.

Check out my employment law blog at www.takethisjobnshoveitblog.com

Scott Behren

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Answered on 3/24/10, 10:17 am


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