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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I have been working with a Colorado Company with it's main

Customer Question

I have been working with a Colorado Company with it's main corporate headquarters in San Diego, CA. This is my 6th year with this technology based company where I have been a sales executive. My salary has been a recoverable draw type and I have barely
kept this going but now sales are dramatically down and I will soon be laid off or fired. My draw could be at the level of approximately $40K when I leave this company. There has been no previous employee that has had to pay this back but will be still be
able to apply for and receive Colorado unemployment benefits while I search for another position with another company? Thanks! Tim
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question, Tim. Please permit me to assist you with your concerns.
To answer directly, provided that you were terminated 'without cause' and not due to no fault of your own, and this draw is treated as a 'wage' rather than a commission, you would be entitled to seek benefits. Commissions, because they are so uncertain, are not covered under unemployment insurance, so they only cover salary or hourly or direct per diem wages as part of their calculations. Likewise they only insure employees who are terminated due to no fault of their own, or if the employer won't challenge unemployment filings, and won't cover anyone who is fired for good cause, or quits and/or resigns on their own.
Dimitry, Esq.