Legal Question in Employment Law in Nevada

If I would normally be eligible for unemployment benefits, but get my real estate license (and still look for f/t employment) am I still eligible for benefits? Real estate activities are only make up about 2-3 hours a week at most for me, plenty of time to make room for a 40-hour job. I'm not quite certain how to interpret the below:

NRS 612.133  “Employment”: Service by licensed real estate salesperson or broker excluded.  “Employment” shall not include services performed by a licensed real estate salesperson or licensed real estate broker who is employed as a salesperson or associate broker by another licensed real estate broker, whether such services are performed for such employer or for a third person, if such services are performed for remuneration solely by way of commission.

Thank you!

Asked on 6/08/13, 8:47 am

1 Answer from Attorneys

John Courtney John Peter Lee, Ltd.

I believe the statutory section that you cited is applicable only with respect to your last place of employment, meaning that if you were last employed as a real estate salesperson, you generally will not be eligible for benefits. However, if you were an "employee" at your last place of work, and now you are a real estate salesperson who has not yet earned any commissions, then you will likely qualify for benefits unless there exist some other reason (e.g., terminated for misconduct, quit, etc.) to deny benefits.

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Answered on 6/10/13, 10:55 am

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