Am I eligible for Unemployment in New York?

I was working until Dec '09 and was laid off. I was collecting UI until I got hired on April 5th, 2010. I started on salary at this new place and today they told me that they can no longer give me a salary and will have me working on commission starting next week. I have the option to stay at the office or work... show more I was working until Dec '09 and was laid off. I was collecting UI until I got hired on April 5th, 2010. I started on salary at this new place and today they told me that they can no longer give me a salary and will have me working on commission starting next week. I have the option to stay at the office or work from home. I can also refuse and no longer work there.

My two questions are:

1. If I say refuse the offer am I considered laid off or am I quitting? They didn't tell me whether I would be laid off or leaving on my own.

2. If I am laid off, it would mean that I have not been working at least three months, so would that mean I am no longer eligible for unemployment insurance?

I am really upset because the guy admitted to me that he hired me knowing the company was a sinking ship.
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