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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57671
Experience:  Licensed attorney helping employers and employees.
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I'm 100% outside sales 100% commission, no office, work from

Customer Question

Hi, I'm 100% outside sales 100% commission, no office, work from my home selling foundation repair and waterproofing. The company supplies leads and pretty much everything is done via. computer. They've come with this plan to make us come to the office to solicited customers via phone for three hours every Wednesday night 5-8. Can they legally do this without jeopardizing their 100% commissioned status? we don't get paid to do the, it's more like punishment depending on our sales average for two months.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

They cannot do so as this turns you into employees. If they want to have you work as employees that needs to be agreed to with guaranteed pay and classification changed.

Customer: replied 1 year ago.
we are employees, just our pay is 100% commission and we don't occupy any office space at the main office..
Customer: replied 1 year ago.
the real issue is this: can my employer require their 100% commissioned sales people who are employees, for whatever reason, to come in to the main office on a weekday to silicate customers via phone?
Expert:  Infolawyer replied 1 year ago.
Absolutely not. Company has no such right to obligate a contractor.
Expert:  Infolawyer replied 1 year ago.
If employees then yes. If contractors know. I wish you the best. I trust the answer has been helpful. kindly let me know. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Expert:  Infolawyer replied 1 year ago.

Please rate me positively. any follow up, just ask