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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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Do i qualify for unemployment from quitting my job after my

Resolved Question:

Do i qualify for unemployment from quitting my job after my employer changed my commision schedule resulting in paychecks not large enough to pay my bills. i had to quit to obtain my 401k dollars to live on.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

How much did your pay reduce? 33% or more.
Customer: replied 1 year ago.


I was between 45-60,000 all years there and when i quit dec2 my groo was at 29000. since ive left 2 salesp[eople have been let go and the mgr as well. only 2 employees remain from 12/01/12

Expert:  Allen M., Esq. replied 1 year ago.
So yes, you saw a significant reduction in pay.

That's the argument that you have to make to unemployment. You quit based on an inability to remain due to a dramatic change in the payment structure which reduced your pay by more than 33%.

That's not a magic or statutory figure, but it is the one that we like to see before recommending that people quit and make that argument. Of course, if you've already quit, the number doesn't matter now. It either is enough or it is not.

Now, one concern that you may have here is your use of 401k money. Kansas considers your contributions to 401k (and therefore any funds that you take from the 401k that were yours) to be income, which is offset against unemployment benefits. You'll have to disclose the amounts you've taken.

That being said, based on the figures you gave, you have a strong argument to make for unemployment.
Customer: replied 1 year ago.


I have taken a lump sum. So i need to disclose the balance?

Expert:  Allen M., Esq. replied 1 year ago.
No, report to the state the lump sum that you took and the week that you received it.
Customer: replied 1 year ago.


it was december 2012. So I have waited a qtr and a half. Does this number go against the total benefit or will it be counted as income in last years 4th qtr?

Expert:  Allen M., Esq. replied 1 year ago.
From the reading of the statute, it applies at the time that it is received and disallows benefits for that week. You have to claim benefits each week and report income in that week for the offset.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15641
Experience: Employment/Labor Law Litigation
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