Can you get unemployment after being laid off of a job that paid only a draw from commission?

UPDATED: Dec 20, 2011

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Can you get unemployment after being laid off of a job that paid only a draw from commission?

I worked for a construction company that paid a draw against commission. We were laid off for the winter season and I was wondering if I could get unemployment?

Asked on December 20, 2011 under Employment Labor Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. Yes, if a person is an actual employee of a company working on a commission basis that paid a set draw against the commission, that person if terminated would be entitled to unemployment benefits under your state's law on the subject.

I suspect that your pay stubs show some debit by you for unemployment insurance. If so, then that shows that you have been paying into the system and would be entitled to such benefits allocated upon what your paid draw was per each pay period.

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