Legal Question in Business Law in Virginia

Am I an independent distriburot or an employee?

I am a Distributor for a bread company. I bought the territory and the truck and provide for all my expences. I am considered a statuatory employee by the IRS. The company adds product to MY ORDER any time that they want to and then get upset (sometimes a shouting match erupts between myself and a member of the company) when I refuse to take the product. I have to pay for the stuff and if I wanted it or felf I could sell it I would have ordered the stuff. My contract states (even though the co dosen't enforce) that I will keep my stale percent which they by back below 10 %. I am paid by commission on what is actually sold less stales. When I had a confrontation with them last year they told me that I may be right about the contract not saying what they said it said but their pocketrs were a lot deeper (implying that there was no way that I could fight them). . None of my customers are complaining about my service actually I get complements on my performance. The company wants me to do what they say and when they say it but I believe that I am NOT an employee and therefore should be left along to conduct business as I see fit unless there are complaints from customers. What should I do?


Asked on 1/14/98, 6:30 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Bread Co. Problems

It sounds like, although for tax purposes youare treated as an employee, for common lawcontractual purposes you would be an independentcontractor. The terms of your contract govern.Beyond that, I would have to see the contractto say anything further.

I practice in VA. Please feel free to contactme and I will see if I can help.

Read more
Answered on 1/21/98, 9:35 am


Related Questions & Answers

More Business Law questions and answers in Virginia