sales soon to close, status change

[jt47]

I am a subcontrator - hired to do sales amd marketing for a company. I was told recently that the company attorney said I need to be made an employee. This, just two months before some HUGE contracts are about to close. I would be entitled to 10% commission on the sales. I do not want to become an employee of the company, therefore my contract will be terminated. I believe this is their way around paying my commission. - do I have any recourse? I have offered to see the sales through, as I was contracted to do so, but they say if I don't become their employee, I can't. I am talking about 50 - 80,000 in commissions that will come from sales due to close in the next few months.

 

[loku]

Your rights here depend on your original contract with them. If it is written, read it carefully to see if it gives them the right to demand you become an employee, or to back out of the contract for any other reason that could apply. If you have any questions then, please post them, but also give the significant terminology of the contract.

If the contract is oral, it would still probably be valid, but the question then is what the agreement was and could you prove it. Possibly the fact that you have done the work on the sales is good evidence that you had a contract to be paid commissions for it.

In any case, please post any additional info you think would be helpful.

 

[JETX]

It might also help if you were to post the reasons given by the attorney for your need to be an employer rather than an independent contractor.
Also, if that is the issue, it is pretty easy to resolve without requiring employee status.

 

[jt47]

attorney reasons

The attorney said I need to be an employee because they wish to dictacte how, where, when I complete my contracted tasks. They wish to require me to be in the office 5 days a week. The contract only states that I am to perform sales and marketing for the company and states my pay with commission percentage for each sale. It states the contract may be canceled by either party with prior notice. That's all. I sub-contract with others, and they know this. They want me to offer my services to these others, through their company, only then, instead of me getting 100% of the fee, I would get 25%. They also are apparently having financial difficulties (one owner has been very vocal about this and my last pay check from them bounced - they stated they deposited the money in the wrong account) they also would would want me to perform office duties as well. As you can see, this is not an offer most would jump at. I have advised them I have no desire to be an employee. I enjoy the flexibility now.