Draw/Commission Concerns

[dalostboy]

What is the name of your state?What is the name of your state? California.


I just started working at a mortgage firm these past two weeks (a week and a half I was in training), I am due to receive a check on Monday of the coming week. I am deeply considering leaving, due to various factors, one of which is the high turnover rate that I have noticed. If I go in and get my check for the base wages, do I have to pay them back? I did not make any commission at all, as I was actually only considered to be working for the past three days... I am at a crossroads. I do not want any reprecussions, so what should I do?

[HomeGuru]

Originally Posted by dalostboy

What is the name of your state?What is the name of your state? California.


I just started working at a mortgage firm these past two weeks (a week and a half I was in training), I am due to receive a check on Monday of the coming week. I am deeply considering leaving, due to various factors, one of which is the high turnover rate that I have noticed. If I go in and get my check for the base wages, do I have to pay them back? I did not make any commission at all, as I was actually only considered to be working for the past three days... I am at a crossroads. I do not want any reprecussions, so what should I do?

**A: are you not considered an independent contractor?

[dalostboy]

I believe that I am considered an independent contractor, but excuse my ignorance... is that good or bad for my situation???

[HomeGuru]

Originally Posted by dalostboy

I believe that I am considered an independent contractor, but excuse my ignorance... is that good or bad for my situation???

**A: then the company does not owe you a paycheck since they do not pay for training and you are not considered an employee.

[zippysgoddess]

If you work draw on commission, if you get this paycheck and quit, then you will owe them money, since that amount would normally be taken out of the following paycheck where you would earn commissions. Best bet, if you feel you need to quit, forget the paycheck, let them keep it.

[dalostboy]

Right, I do believe that we are considered to be "independent contractors", as per the comments made by various people working at at that firm, but according to criteria set forth by the Federal and State Government, I would, by all means be considered an employee:

IRS's Publication 15A offers information regarding the classification of an employee or independent contractor:

A worker should normally be considered an employee, not an independent contractor, when he or she:

*works only for you and not for any other business
*works on your premises
*uses your tools and equipment
*follows work hours you set
*follows your instructions on how to complete a job
*receives remibursement for expenses incurred in doing a job
*supervises any of your other workers, or
*receives any employee benefits, sush as holiday pay, vacation time, or health insurance.


I have met most of the criteria:
* I received training in regards to how to complete a job
* work solely for that company and not any other
* work on those premises
* use their computers and software, fax machines, telephones, etc.
* follow the work hours they set
* follow exact instructions on how to complete the job
* am supervised by two "production managers" and one site manager
* and even follow a dress code set forth by the company

Now, I would venture to guess that I have more than a legal right to that check for my services rendered or do I not?

[HomeGuru]

[quote=dalostboy]Right, I do believe that we are considered to be "independent contractors", as per the comments made by various people working at at that firm, but according to criteria set forth by the Federal and State Government, I would, by all means be considered an employee:

**A: that's not completely true. Read the CA state test/law and find out.

[dalostboy]

link please?

[HomeGuru]

Originally Posted by dalostboy

link please?

**A: I'll give you a hint. Insurance, real estate, mortgage**************....

[dalostboy]

I'm sorry, but I'm completely new to all this, please could I have a direct link?

[HomeGuru]

[url]http://www.dir.ca.gov/dlse/FAQ_IndependentContractor.htm[/url]

[dalostboy]

Ok, so I'm having trouble here... could you please direct me to the exact phrasing that says that Loan Officers are considered to be independent contractors?
I did the test thingy, and I still feel that I may be an employee.

In applying the economic realities test, the most significant factor to be considered is whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker both as to the work done and the manner and means in which it is performed.

*We were told to make a certain number of phone calls on the hour every day to leads that were provided to us by the company, as well as to have a certain number of loans be set each week.*

Additional factors that may be considered depending on the issue involved are:

1. Whether the person performing services is engaged in an occupation or business distinct from that of the principal;

*I am not in operation of a business distinct from that of the principal*
2. Whether or not the work is a part of the regular business of the principal or alleged employer;

*The work that I am doing is clearly part of the regular business of the principal*

3. Whether the principal or the worker supplies the instrumentalities, tools, and the place for the person doing the work;
*The principal supplies the instrumentalities, tools, and the place for me to do the work.*

4. The alleged employee’s investment in the equipment or materials required by his or her task or his or her employment of helpers;
*I did not invest any amount whatsoever, in the equipment and materials required by the tasks *

5. Whether the service rendered requires a special skill;
*I would presume no special skill is required since I was hired off the street, after filling out an application and a quick interview*

6. The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;
*one could argue both ways... I am supervised and when asking for help, do receive instructions as to how to complete the task*

7. The alleged employee’s opportunity for profit or loss depending on his or her managerial skill;
*I have no manegerial skill, therefore no opportunity for profit or less depending on that skill *

8. The length of time for which the services are to be performed;
*There is no set limit to the length of employment, I can terminate employment at any time without consequence.*

9. The degree of permanence of the working relationship;
*There is no set limit to the length of employment, I can terminate employment at any time without consequence.*

10. The method of payment, whether by time or by the job; and
*One could say that it is by the job... *

11. Whether or not the parties believe they are creating an employer-employee relationship may have some bearing on the question, but is not determinative since this is a question of law based on objective tests.
*I did believe that this was an employer/employee relationship*

And thanks for your help, I'm really learning alot about the situation I'm in right now...

[pattytx]

This is a matter of the "preponderance (sp?) of evidence". Loan officers *can* be indepdendent contractors, but it is not required. Contact the state Division of Labor Standards Enforcement to inquire about your particular situation.

[trustknow1]

Do you have your own desk and phone, that is assigned to only you?

Are you required to attend scheduled meetings at specific times?

Are you required to perform your service during specific hours. (8am-5pm, or can you take off early, skip a couple hours in middle of day without company approval?)

Are there any employees on the company payroll performing the same job description that you perform?