Can I collect unemployment if I quit a 100% commission job in New Jersey?

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I have been a mortgage loan officer for the last 13 years and always made a good living. 4 months ago I started with a new company because my previous employer failed to provide leads anymore and I was no longer able to make money there. Now with the new company, leads are there but I can’t seem to bring any deals in. I receive a minimum wage “draw” that has to be paid back with my commissions. Well, I now owe the company about $ 3,000 in draw money with no sign of commissions to pay this back. It will just keep adding up the longer I stay here. Because of this, my once excellent credit is starting to decline. I can no longer afford my mortgage payment, creditcard , etc… I work 9 hours a day, plus my drive to work is almost an hour each way which makes it difficult to find time to look for other jobs. I want to quit so that I can look for other work, but I want to know if I’ll be able to collect unemployment in the meantime so that I can survive. Anybody have the answer for me?
*** I am a w2 employee (not 1099’d) and I’ve been paying unemployment taxes my whole life

  1. Reply
    Freddy Fuhktarred
    April 30, 2011 at 12:49 am

    It depends upon each state, but I am pretty certain that there are no states that will allow you to collect if you quit, you have to be fired or laid off.

  2. Reply
    Zach F
    April 30, 2011 at 1:02 am

    Unemployment is based on previous income. From what you say you would have to pay unemployment instead of unemployment paying you.

  3. Reply
    Tom Z
    April 30, 2011 at 1:58 am

    “If you voluntarily quit your job without “good cause connected with the work,” or if you voluntarily retire, you may be disqualified for benefits. “Good cause connected with the work,” means that your reason for leaving must be directly related to your job and be so compelling that you had no choice but to leave the job. For example, a person quits work to move out of the area. While this is a good personal reason to quit, the reason for quitting is not connected with the work and the person would be disqualified.”

    “If you quit your job, or if you voluntarily retire, you will be scheduled for a claims examiner interview. The examiner may request certain documentation as supporting evidence of your separation. The examiner will determine if you are entitled to benefits based on unemployment insurance laws and regulations.”

    Another possible issue is the status of your employment. The fact that you were on 100% commission leaves open the possibility that you were not an employee but instead an independent contractor compensated on a 1099.

  4. Reply
    April 30, 2011 at 2:36 am

    Well, the time you’ve spent working there won’t count – and if your prior job was strictly 1099’d and no unemployment taxes were paid in on your earnings, that doesn’t count, either.

    Unemployment is INSURANCE, and premiums have to be paid, in order for you to have coverage.

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