I answered a blind ad on Craigslist for experienced home improvement sales people. They would only accept phone calls. I called in and was told to meet at this office late in the day. The office was closed but I waited until the manager came. After I asked several questions and the manager's apparent acceptance of me, I asked to see the contract. He told me to come in Monday and I would see it and also for some initial training.
Once at the meeting, I learned from 4 others new recruits, I was the only actual person with home improvement sales experience in regards to their products. The manager made a comment about what was required of us later that morning and that we would receive the contracts later on Friday.in other words, I was to drive and attend their meetings at my expense for 5 days, memorize their sales scripts fast under pressure and do product presentations by their standards and then at their convenience I would see my commission contract.
I left at the first lunch break. This is a 1099 Independent sales contractor position and not an employee I was told.
They need to look under the IRS guidelines as to behavior control in what is a sales contractor and an employee. I was also told I had to call in for a TO at each appointment if I made no sale and the leads belonged to them.
I wonder if SS8 questionnaire forms were sent to the IRS for determination status what would be the outcome. He also told me I had to attend a weekly sales meeting at a different location at my time and expense. Under law this is an employee status and not an independent contractor, as well their contract he said was exclusive with non compete clauses and I was not allowed to see beforehand.
Behavior control means just that, you can't make contractors attend meetings, call in for sales aid before you leave a home or discipline them if their sales falter for example. If they want employees, then do the legal thing and pay expenses, supply vehicles, hourly wages and commissions, tax deductions, SSI, benefits, unemployment and the rest. It's all about their profits...
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