Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have an energy consulting/brokerage company. We work with…

Customer Question
I have an energy consulting/brokerage...
I have an energy consulting/brokerage company. We work with Large commercial companies and multiple alternative suppliers in several states. We pair our clients with the best alternative supplier given their situation. We are paid a commission directly from our suppliers that we are partnered with for each contract that closes. Is there any legal way to give a portion of what we're paid from the supplier back to the companies without it being considered an illegal kickback? I know this may seem totally ridiculous and obvious. I'm looking for legal alternatives to accomplish this and not break any laws but maybe skate around them. Example: creating "marketing agreements" with a totally separate company that they establish or maybe 1099 them as an Independant Sales Organization. I realize this is happening all over the place already and am just looking for some insight and possible suggestions.
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 31 minutes by:
6/29/2010
Lawyer: Andrea, Esq., Attorney replied 8 years ago
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Verified

You can make any circuitous arrangements you can think of, but when you draw a line from your organization through all the maze, it will end up with them. It is a kickback anyway you look at it or any way you trace it. I understand that every other company is doing it and it is a way of doing business, however, it is only a matter of time until every one of them comes tumbling down because of the kickbacks. Government agencies no longer employ the ignorant people they use to. Today, they are quite sophisticated, slow, but sophisticated. That is why I say it is only a matter of time.

 

I would like nothing better than to give you a legal way this can be done, but I do not have one because any way I looki at it and from any angle, these transactions are kickbacks, so please do not hold that against me.

 

____________________________________________________

 

 

Your question will not close and when you press "ACCEPT" you may ask follow up questions, if you want

That is the only way I get paid

Positive Feedback, BONUS are not required, but are greatly appreciated

 

If you have questions in the future, feel free to ask for me by typing your name at the beginning of your question

____________________________________________________

 

Please press "ACCEPT" so that I may receive credit for assisting you

 

That is the only way I get paid

 

Positive Feedback, BONUS are not required, but are greatly appreciated

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

Ask Your Own Legal Question
Customer reply replied 8 years ago
In this situation where the client knows full well of the situation and you are actually able to provide them with further savings on their energy costs then who is being hurt from this transaction? or who is it out to protect? Essentially what is wrong with it? Example: I understand when its a situation where you are pushing a client into dealing with lets say a title company and they are unaware of you being paid on the side to do that. In the case I present the customer is not being hurt in any way and is fully aware of everything. Where is the conflict of interest?
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
12,554 Satisfied Customers
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.

Andrea, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I own a hair salon in Mi and the stylists are 1099, they are
I own a hair salon in Mi and the stylists are 1099, they are paid a commission and do not pay rent. Is this acceptable? And what measures do I need to take to be compliant with IRS … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,185 satisfied customers
I want to sell advertising/promotion services to trade show
I want to sell advertising/promotion services to trade show exhibitors through trade show organizers/associations. I will pay a commission to organizers for access to exhibitor and attendee lists Our … read more
socrateaser
socrateaser
1,031 satisfied customers
Have Commercial Fishing Boat in So Calif...question is regarding
Have Commercial Fishing Boat in So Calif...question is regarding Workers Comp for a deckhand. Have one deckhand that I cover with land-based WC insurance as well as the additional payroll burden for a… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Does a broker have the authority to take 50% commission for
Does a broker have the authority to take 50% commission for himself as a co-listing agent, the "split" owed to the brokerage and then an additional $40,000 to be paid to the brokerage to make up for a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
We have sales people that work as independent contractors and
We have sales people that work as independent contractors and are getting a 1099 at the end of the year is some cases the sales people pay for company expenses as office supplies, advertising and are … read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Is there a way to make "kickbacks" legal? What is the difference
Is there a way to make "kickbacks" legal? What is the difference between "kickback" and "commission"?… read more
loeblaw
loeblaw
Judicial Doctorate
1,629 satisfied customers
I have a 13 year old daughter hosted a birthday event in Austin
I have a 13 year old daughter hosted a birthday event in Austin planland (a skate place). She usually goes to there every week. She invited a few friends and paid skate fees. One girl get fell when sk… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I am independent contractor and signed a non compete agreement.
I am independent contractor and signed a non compete agreement. I am wondering if it is enforceable. I have a copy of the agreement.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am a real estate broker in Arizona and I have an agent that
I am a real estate broker in Arizona and I have an agent that is suing over commission, that the broker subtracted 25% from total commission for time and effort over arbitration that the broker was aw… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
Do I or may company have a case against someone for slander I
Do I or may company have a case against someone for slander? I am a long time employee to a company that was purchased 4 years ago...with it has come positives and negatives..the negatives have come t… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
Have received a final judgment from small claims court in Florida,
Have received a final judgment from small claims court in Florida, Miami-Dade Co. in the amount of $1,300 (+ or -). Debtor was formerly our landlord. His property is now in foreclosure. Possible to li… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
please explain how sub contracting works in florida. The laws
please explain how sub contracting works in florida. The laws that govern it. I owned a supply company. would like to sub out employees to a void new increase in unemployment taxes.… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
Need to find citation for Texas civil law (state appellate
Need to find citation for Texas civil law (state appellate or federal) regarding the criteria for dmaages in a case where an employer is accused of accepting "kickbacks". Is the gift itself adequate p… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
I work in Maryland for a large technology company that is HQed
I work in Maryland for a large technology company that is HQ'ed in New Jersey. I earned commissions in September that are sizable and the company is with-holding the commissions- now claiming that ret… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have an online game we sell to people mostly in Brazil &
I have an online game we sell to people mostly in Brazil & the US. We have independent agents that sell our product for us. They receive commission on the monthly fee required to play the game. We pay… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
2,132 satisfied customers
We are a company in Illinios looking to bring people in 100%
We are a company in Illinios looking to bring people in 100% commission - they can work their own hours between 8-6pm, use our equipment and we get a percentage of their sales. They will need to follo… read more
GWarren Customer Advocate
GWarren Customer Advocate
Attorney, Consultant and Managing Member
Juris Doctor
355 satisfied customers
If I work for a company who supplies all the equipment, uniforms
If I work for a company who supplies all the equipment, uniforms and directions on how and when the work should be done, can they still pay me as an independent concractor (1099)?… read more
Attorney & Counselor at Law
Attorney & Counselor at Law
Managing Partner
Doctoral Degree
865 satisfied customers
I rented my house through a broker for last 2 years. Tenants
I rented my house through a broker for last 2 years. Tenants called me to renew for a 3rd yr. They mentioned they had not heard from the broker and wished to renew through me.(I also am a Broker). Of … read more
MStrisik
MStrisik
Doctoral Degree
281 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x