Legal Question in Business Law in New York

Employee or subcontractor

After leasing a restaurant within a camping resort I found that I was dictated to in regard to how the business was run, what hours I was open, what events I was to provide and at what cost I was to sell tickets for these events. Countless products and employee hours were given away by the park with no reimbursement made. The park dictated who could use my restaurant and what areas of the park I was to provide employees to clean.

At what point does one cross the line between being a small business and an unpaid employee of the park?

Thanks for any help

Dwayne


Asked on 2/21/04, 8:36 pm

3 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Employee or subcontractor

What does your agreement say about the control or limitation that has been placed upon you. If there is none, how can they continue.

Read your lease agreement and/or contact the lawyer that helped your in its preoaration.

Good Luck.

RRG

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Answered on 2/22/04, 1:22 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Employee or subcontractor

The difference between being a leasee and a sub-contractor is the consequences to you if you said no. Only the lease can display what rights you have with respect to the leasor.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/23/04, 9:41 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Employee or subcontractor

I doubt very much that your lease says that the park can dictate the way in which you conduct your business. No one can give away your products except you. The lease should state the hours that your business can be open. Your lease should state what your obligations are for "cleanup". If you have not already done so, you should have your lease reviewed by a lawyer to let you know exactly what the parameters are!!

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Answered on 2/22/04, 4:06 pm


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