Legal Question in Business Law in New York

Hiring Consultants

I want to do marketing for my business. I want to hire people to hand out marketing literature and coupons. I do not want to pay them an hourly rate. I want to pay them based on how many sales they bring in. I will be able to track this by giving each ''consultant'' their own coupon code. I will pay them every time someone uses their code when signing up for the site. The insentive is that until the coupon codes expire for six months, they will make money every time a sale is made with their coupon code. I want to avoid legal issues by hiring them as an employee. Am I able to hire them as a consultant and how would I go about doing this?


Asked on 2/05/07, 3:42 pm

2 Answers from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Hiring Consultants

This is more of an accounting issue rather than a legal issue. Talk to your accountant first. You may also want to consider writing up a contract for each consultant. There are many forms that you can use and adjust it to your business needs.

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Answered on 2/05/07, 4:29 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Hiring Consultants

These people would not be consultants, they are sales /marketing representatives

and you are talking about hourly wage plus commission. Whether or not you can find people willing to work as independent contractors on these terms

is questionable.

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Answered on 2/06/07, 4:46 pm


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