Mueller417
11-10-2008, 12:38 PM
I recently hired a sales person to sell for my company. I had an agreement with them to hire on a temporary basis and after 90 days have a review to see if I would offer permanent employment. This was signed and agreed upon by employee. It has now been 90 days and I am unsure if the employee is going to work out as they have not sold anything. I would like to give a little more time and see what happens. Should I have another agreement to that affect? What is the time frame I have to avoid an unemployment claim if things don't work out and I have to let this employee go?
panther10758
11-10-2008, 12:41 PM
You are certainly free to offer another probation term or terminate him. The UI claim can be filed no matter how long he has work pretty much and you can contest this if you like.
Pattymd
11-11-2008, 07:54 AM
Agree, although I don't see any case for protesting his UI claim. You hired him, he was not productive to your satisfaction. That in and of itself, will not disqualify him from UI benefits.
Mueller417
11-11-2008, 12:33 PM
Is there any law saying I can't change the employee from salary to straight commission at this point? This is normally what is done anyway, but I put the employee on a salary because I was promised a large amount of sales.
Mueller417
11-11-2008, 01:26 PM
As an employer can I only pay commission when a sale is made or am I required to pay something in addition to that? Do they need to be contract labor if I only pay commission on sales?
panther10758
11-11-2008, 01:30 PM
Your employee's salary can not drop below minimum wage
As an employer can I only pay commission when a sale is made or am I required to pay something in addition to that? Do they need to be contract labor if I only pay commission on sales?
The only employees that can legally be paid "commission only" are those who legally qualify for the Outside Sales (http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17f_outsidesales.htm) exception.
The only way any worker can legally be something other then an employee is if the worker classification (http://www.dol.gov/esa/whd/regs/compliance/whdfs13.pdf) rules allow it. The chances that you can legally wave a magic wand and take someone who has your employee up until now and turn them into an independent contractor is next to nothing. Worse, if you read through the other posting you will see exactly the type of advise we and other websites give workers whose employers have illegally misclassified them.
