05/17/2012

Can i collect unemployment if i work on full comision and do not get paid?

Question by Patrick Chambers: Can i collect unemployment if i work on full comision and do not get paid?
I am clooceting unemployment from ny a company want to give me a full comision sales job. I am wondering if i can keep collecting unemployment until i actual make any sales.

Best answer:

Answer by wizjp
No.

The moment you accept (or refuse) employment, you are no longer elligible.

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Comments

  1. CarolO says:

    New York has strange UI rules. If you work even one hour a day, they subtract 1/4 of your benefits. Two days and you lose 1/2 your benefits. You don’t have to make any money, you just have to work. According to the NY UI handbook:

    “What is considered work?
    You must report all the work that you perform, whether
    it is for yourself, a friend, a relative, an employer, or in
    connection with a public office that you hold. Any
    activity that brings in or may bring in income at any
    time must be reported.
    You are considered employed on any day when
    you perform any services -even an hour or less- in
    self-employment, on a free-lance basis or for
    someone else. It makes no difference whether this
    work is in covered employment or whether you get paid
    for that day. For example, work on a straight
    commission basis is employment even though you may
    not receive the commission until some time later or
    even though no sales are made nor any compensation
    received.”

    So if you take a job, work 4 or more days for ANY amount of time, and never get a penny of payment, you’ve still lost your unemployment benefits.

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  2. Landlord says:

    No you can not. You are employed. You are no longer actively seeking employment.

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