Summary of Issue: Advances On Commissions

Decision 22810 Full Text of Decision 22810

Commission salesman whose outstanding advances accumulated as a debt every month that he failed to earn sufficient commissions. Full income tax was paid at the time of the advances. The employer called severance pay the amount of $8,674 written off upon separation. FENNIMORE referred to and applied.

Decision 20777 Full Text of Decision 20777

Refer to: A-0394.92

Decision A-0394.92 Full Text of Decision A-0394.92

The advances in excess of earned commissions did not create an indebtedness since the employee was not required to repay these amounts. The vacation pay did not constitute monies to which he was still entitled since these monies, through the unearned advances, had already been received by him. Commissioned employee whose employer did not seek to recover shortfalls in advances, except that any outstanding monies on termination were to be applied against unearned commissions. Held that the unpaid vacation pay of $764 was neither paid nor payable for the purpose of ss. 58(9).

Decision 21635 Full Text of Decision 21635

Claimant was entitled to $3,447 as severance pay when he was terminated. As commissions had been overpaid to him as salary in the amount of $2,856, he only received the balance of $597. Held that the Board did not err by concluding that his earnings amounted to $597, not $3,447.