Probably not, because commission only workers are generally ineligible for unemployment. However, you might contact your state's labor commissioner, or the equivalent, for remedies available to you, especially if there were agreements between you covering these issues.
Until you have worked for the new employer for one calendar quarter, the state unemployment commission does not know you are employed there - the employer has not yet paid UI taxes associated with your name and SSAN. Any UI claim will be charged against the former employer ... or just denied.
This is difficult to answer, because a future employer would not have access to confidential information in unemployment files. That information is between the agency, the claimant and the employer claimed against.
Because unemployment records are confidential, and available to only the claimant and the employer claimed against, you have to contact your state's unemployment office for the information.
no he has to have so many employees to have to do that
Because unemployment records are confidential, and available to only the claimant and the employer claimed against, you have to contact your state's unemployment office for the information.
the employer may have to pay fines or change its practices
Any time a former employee files for unemployment benefits, the unemployment office must contact the employer to ascertain the reason for the employee leaving his employment. If he were discharged for cause, the employer must prove his case or it goes against his record with the state and the employee qualifies for his benefits.
Yes, if you had previous employers that did pay their payroll taxes. The states allow certain classes of employers from paying into the system by employing "independent contractors" or commission-only people. There's a crackdown now underway against employers who are re-classifying their workers to avoid compliance.
Employers pay into the unemployment fund in the "liable state" where they have their payroll. It is based on the payroll, so that is the state they have the obligation.
If you are employed "at-will," which most people who work without employment contracts are, then yes, your employer can fire you at any time, for any reason. Your only recourse, aside from unemployment benefits, would be a possibility of lawsuit if your employer wrongfully terminated you, such as on the basis of disability discrimination.The employer "can" also tell the unemployment insurance office that you quit. It is in their best financial interest to prevent you from successfully claiming unemployment benefits, and in a hostile situation such as this, the employer will often lie and distort facts in order to make it appear that you either quit voluntarily, or were fired for misconduct--in other words, for something that was your fault, not theirs.However, if you did not quit, you can fight their denial and still get unemployment benefits. You'll need to gather all documentation regarding your medical leave, as well as educate yourself about your employer's claim (Why did they say you quit? What is their evidence?) and your best arguments against it. Employers in general don't have great track records winning against employees in unemployment claims when it comes to medical issues...and they are probably hoping that you won't know how to fight it, and will just give up.
This should be a matter for the New York Appeals Board to decide on. The unemployment office may continue or discontinue payment base on their investigative findings on reports from both the employee and employer.
To address a discrimination claim against an employer, steps can include documenting the discrimination, filing a complaint with the Equal Employment Opportunity Commission (EEOC), seeking legal advice, and potentially pursuing a lawsuit if necessary.