Quitting job based on salary misrepresentation, is it "just cause"

I have a job in sales. When I was hired they quoted me an "average" salary I could expect based on commision. In reality I am making less than half of that amount. Is this reason "just cause" to quit and collect unemployment benefits? I was collecting more on unemployment than I am currently earning working full time.

2 answers  |  asked Aug 4, 2003 11:11 PM [EST]  |  applies to Illinois

Answers (2)

Aaron Maduff
Quitting job based on salary misrepresentation, is it "just cause"

Unfortunately just cause basically means a constructive discharge, an intollerable working environment, or some reason why you really can't work there. Failure to meet their promises won't do it. If you have a contract that may make a separate case.
Aaron Maduff

posted by Aaron Maduff  |  Aug 6, 2003 08:38 AM [EST]
Carol Oshana
Just cause

Is there a written contract? When your employer hired you, did they give you a base and a percentage of commission? (I'm afraid your question makes me want to ask more questions.) Have they altered the terms of the commission or base since your hire?

As it pertains to collecting unemployment, typically when an employee quits, he or she may not collect unemployment. There are exceptions to this rule, however. Futhermore, there are minimum time limits that one must work for a company in order to be eligible for unemployment, and it depends on the state you are in. Please follow up with an attorney in your state for a proper consultation.

posted by Carol Oshana  |  Aug 5, 2003 10:06 PM [EST]

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