Legal Question in Business Law in New York

Hiring Part time Employees on 100% commission

I need to hire part time employees for marketing that will be earning 100% commission. I need to know what forms, contracts, etc. They will be going in and out of bars/cafes. I won't be with them all the time, so I want to protect myself in case they decide to drink against my wishes. I need in order to make this all legal.


Asked on 1/10/07, 11:18 am

3 Answers from Attorneys

Peter Moulinos Moulinos & Associates LLC

Re: Hiring Part time Employees on 100% commission

You should first determine if the individuals will be independent contractors or employees. Regardless, you should also have a written employment agreement / contract also setting forth the salary, basis for termination and other relevant terms.

Feel free to contact me should you wish to discuss this further.

Kind regards,

Peter Moulinos

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Answered on 1/10/07, 11:22 am
Jason Stern Law Offices of Jason Stern

Re: Hiring Part time Employees on 100% commission

First of all, you don't want employees - you want independent contractors. That will save you the hassle of payroll deductions, unemployment insurance, social security, minimum wage law and other legal nuances. You need a relatively simple agreement that protects you from any illegal acts they may partake in and covers their obligation to behave professionally and the monetary agreement between you.

Call or email my office to set up a consultation.

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Answered on 1/10/07, 12:55 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Hiring Part time Employees on 100% commission

I would be happy to help you draft something representing the relationship with your hired help. Please contact my office if interested.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 1/10/07, 1:01 pm


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