MATTER OF ZAJACESKOWSKI


296 A.D.2d 811 (2002)

745 N.Y.S.2d 614

In the Matter of the Claim of ANDIE J. ZAJACESKOWSKI, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 25, 2002.


Claimant was employed as a sales associate for a home improvement business. At the time he was hired, it was agreed between claimant and the employer that after his initial period of training, claimant would be paid a commission on sales that he generated. As long as he was successfully making sales, he would receive a weekly draw of $400, representing an advance payment of the expected future commissions. After approximately three months on the job, claimant left his employment...

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