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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I am an outside sales rep in the Houston, TX, metro area. I

Customer Question

I am an outside sales rep in the Houston, TX, metro area. I work for a company based in Pennsylvania that represents products from a large group of home decor & gift companies. My income is straight commission (a percentage which I split with my employer); but, I am considered a company employee because the company takes out my taxes, & I participate in their group health insurance & 401K. With only a very small exception, I pay all my own travel & business expenses.
For the last 2 months, my immediate boss has come up with a totally unattainable set of goals, which were never discussed with me, & is obviously doing everything possible to make me resign. She is constantly making threats & demands which are making my job virtually impossible. She is not doing this to any of the other reps in her region. At 67, I am the oldest rep in her region. With 21 years experience in this industry, I am also the most experienced rep in her region. My questions are 1. Do I have any protection over a supervisor trying to force me to resign, apparently so the company won't have to pay unemployment benefits? 2. If I resign under these difficult circumstances, is there any way I can collect unemployment compensation? Any other advice would be most appreciated.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. You can attempt to set up an argue for constructive discharge, to allow you to quit and yet still get unemployment. To do this, you need to document this treatment and complain to the employer directly, ultimately giving them a deadline by which to correct the behaviors or you will be forced to quit. Giving the employer this sort of ultimatum makes your argument much stronger, as the employer can't claim that they never had a chance to "cure" for the issues you complained about. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 6 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.