My question involves labor and employment law for the state of: IL
On 5/31/17 at 4:15 PM in the afternoon, my boss called a meeting. He let us two project manager know that starting 6/5/17 we would be going from salary plus 8% commission to just 8% commission. He asked us if we had a decision at that time. I knew my answer, but was going to finish out the week. I received an email at 4:29 PM stating I was removed from the employee network. I was told by my friends that in order for me to be eligible for unemployment benefits I would have to finish the week.
I arrived to work the following morning to continue work. The owner looked surprised too see me. He stated he needed to speak with several of the crews about the change first. He then proceeded to fire 5 crew members. The owner asked to see me. He stated he had to block us from the system as protocol. He stated he did not think I would show up. He proceeded to state that the commission piece would be listed under 1099 independent contractor. He stated that the position would no longer be pulling permits, setting up inspections or anything to do with code enforcement/building and zoning or setting up utilities.
I proceeded to inform him, that I made just what he was offering in commission plus a salary. He stated he felt it was fair. He stated he would let me work for the next two days. He logged me into his own accounts for the employee network and never reinstated mine.
I arrived to pick up my things on Monday. I had requested record of my job being eliminated. Our HR Manager brought the paper work down and gave it to the owner.
The owner and I went outside to discuss the situation. I let him know that I would absolutely work for salary, but I informed him that I could not be an independent contractor due to the following reasons: I could not survive on what they offered to pay me I am not self disciplined enough to pay my own taxes and take care of my legal paper work as an independent contractor I do not have the funds to be an independent contractor I have gotten several commissions taken away from me for no fault of my own (they did not have the money to pay me or they changed the rules the last second to suit them)
The owner stated that he wishes he had enough money to pay me salary. He stated that he literally could not afford to. He stated he hopes things could change and that at some point he could rehire me as an employee. The owner asked at that point to go over my jobs to update two managers before I leave. The owner wished me the best in the future and walked away. After I updated them of the current jobs , I collected my things and approached owner as he was speaking to the other person that was in my position about the same thing as he spoke to me about. I asked owner in front of my now former colleague for the paper work that stated my salary was being eliminated and my salary was being cut.
He proceeded to ask me to sign a piece of paper that stated that I was accepting the change going from salary plus commission to just commission. I stated and confirmed that this was not just going from commission that it was going to be a 1099. He stated correct. I could tell that he was trying to get me to say I quit. I snapped a picture of the paper on my phone discreetly. He then asked HR if I had to sign it as he pulled it away from me. She stated that if I wanted to put that I was resigning from my position that I could and sign it. I stated that I was not resigning or quitting, that I would love to continue to work as a salaried employee, that I am being forced out and my job eliminated.
The owner stated he didn't want me to sign something that I was not comfortable with. I stated I will write that I am being forced out, that I reject the salary being eliminated but I would gladly work for salary in writing. He stated there was no need and he put the paper away. He wished me the best and hugged me.
I literally filed for unemployment that day. I received a letter stating my employer didn't turn in two quarters of my earnings, which I sent them proof. I also received a debit card from the state of IL for unemployment payments.
I then received a letter stating my former employer is stating I quit and I wasn't laid off!
I have several questions...
1. Since it wasn't just going to commission that it in fact was going from salary to 1099, that he laid me off on Friday at the end of the day correct? He would have to terminate my employment to hire me as a 1099 even if I was going to correct?
2. I would still be eligible for unemployment because 1099 isn't employment am I wrong?
3.I found out two days later he laid everyone but two people off in the office and 4 crew members to wrap things up. He was going to be closing and filing bankruptcy. So that means he let go 9 employees and currently has 6 left. His BBB states that they are out of business now. So he was never planning on hiring us as a 1099, wasn't that his way of trying to get out of paying unemployment?
4. What are my chances getting approved for unemployment?
I have never been in this position. I have documents stating I worked a full week the last week I was there. I have a picture of the paper stating I was being switched to just commission only as well as witnesses that it in fact was 1099. I just don't want to be homeless. These next few days and weeks are going to kill me not knowing. I appreciate any advice!
On 5/31/17 at 4:15 PM in the afternoon, my boss called a meeting. He let us two project manager know that starting 6/5/17 we would be going from salary plus 8% commission to just 8% commission. He asked us if we had a decision at that time. I knew my answer, but was going to finish out the week. I received an email at 4:29 PM stating I was removed from the employee network. I was told by my friends that in order for me to be eligible for unemployment benefits I would have to finish the week.
I arrived to work the following morning to continue work. The owner looked surprised too see me. He stated he needed to speak with several of the crews about the change first. He then proceeded to fire 5 crew members. The owner asked to see me. He stated he had to block us from the system as protocol. He stated he did not think I would show up. He proceeded to state that the commission piece would be listed under 1099 independent contractor. He stated that the position would no longer be pulling permits, setting up inspections or anything to do with code enforcement/building and zoning or setting up utilities.
I proceeded to inform him, that I made just what he was offering in commission plus a salary. He stated he felt it was fair. He stated he would let me work for the next two days. He logged me into his own accounts for the employee network and never reinstated mine.
I arrived to pick up my things on Monday. I had requested record of my job being eliminated. Our HR Manager brought the paper work down and gave it to the owner.
The owner and I went outside to discuss the situation. I let him know that I would absolutely work for salary, but I informed him that I could not be an independent contractor due to the following reasons: I could not survive on what they offered to pay me I am not self disciplined enough to pay my own taxes and take care of my legal paper work as an independent contractor I do not have the funds to be an independent contractor I have gotten several commissions taken away from me for no fault of my own (they did not have the money to pay me or they changed the rules the last second to suit them)
The owner stated that he wishes he had enough money to pay me salary. He stated that he literally could not afford to. He stated he hopes things could change and that at some point he could rehire me as an employee. The owner asked at that point to go over my jobs to update two managers before I leave. The owner wished me the best in the future and walked away. After I updated them of the current jobs , I collected my things and approached owner as he was speaking to the other person that was in my position about the same thing as he spoke to me about. I asked owner in front of my now former colleague for the paper work that stated my salary was being eliminated and my salary was being cut.
He proceeded to ask me to sign a piece of paper that stated that I was accepting the change going from salary plus commission to just commission. I stated and confirmed that this was not just going from commission that it was going to be a 1099. He stated correct. I could tell that he was trying to get me to say I quit. I snapped a picture of the paper on my phone discreetly. He then asked HR if I had to sign it as he pulled it away from me. She stated that if I wanted to put that I was resigning from my position that I could and sign it. I stated that I was not resigning or quitting, that I would love to continue to work as a salaried employee, that I am being forced out and my job eliminated.
The owner stated he didn't want me to sign something that I was not comfortable with. I stated I will write that I am being forced out, that I reject the salary being eliminated but I would gladly work for salary in writing. He stated there was no need and he put the paper away. He wished me the best and hugged me.
I literally filed for unemployment that day. I received a letter stating my employer didn't turn in two quarters of my earnings, which I sent them proof. I also received a debit card from the state of IL for unemployment payments.
I then received a letter stating my former employer is stating I quit and I wasn't laid off!
I have several questions...
1. Since it wasn't just going to commission that it in fact was going from salary to 1099, that he laid me off on Friday at the end of the day correct? He would have to terminate my employment to hire me as a 1099 even if I was going to correct?
2. I would still be eligible for unemployment because 1099 isn't employment am I wrong?
3.I found out two days later he laid everyone but two people off in the office and 4 crew members to wrap things up. He was going to be closing and filing bankruptcy. So that means he let go 9 employees and currently has 6 left. His BBB states that they are out of business now. So he was never planning on hiring us as a 1099, wasn't that his way of trying to get out of paying unemployment?
4. What are my chances getting approved for unemployment?
I have never been in this position. I have documents stating I worked a full week the last week I was there. I have a picture of the paper stating I was being switched to just commission only as well as witnesses that it in fact was 1099. I just don't want to be homeless. These next few days and weeks are going to kill me not knowing. I appreciate any advice!
Applying for Unemployment: How to Get Unemployment if You Were Laid Off But Your Employer Claims That You Quit
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