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No commission payment? Unemployment comp instead

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in Compensation and Benefits,Human Resources

An employee who doesn’t receive the commissions he believes he is owed can quit and still receive unemployment compensation.

Recent case: When Thomas went to work for a real estate firm, he signed a contract outlining how he would be paid, including commissions. He complained several times to managers, demanding payment of commissions for leases he negotiated. When none came, he quit and applied for unemployment compensation benefits. He appealed when he was turned down.

Thomas testified that he had no choice but to quit because he was getting nowhere trying to get the company to pay the commissions. The court agreed he was eligible because he had tried to get the em­ployer to pay. Quitting was for a compelling reason. (O’Neil Properties v. Unemployment Compensation Board of Review, No. 677 C.D. 2014, Commonwealth Court of Penn­­syl­­vania, 2014)

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