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Thread Topic: Fees for my employer
Topic Originator: Tina Drysol
Post Date February 11, 2010 @ 11:49 PM |
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Tina Drysol
1 Posts
(CORONA, CA)
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I recently became a notary where I paid for all my classes and supplies, with the expectation that my employer would reimburse me. Prior to being reimbursed, the business was sold and the new owners are not willing to cover my expenses. I have currently been Notarizing documents at $10 a signature, however the store I work at collects all the fees. They have recently offered to pay me $2 for each notary I do. This hardly seems fair, cosidering I paid for my classes and supppies and assume all the liability. This is a small store front shipping business which requires me to run the store for my hourly wage and I was not specifically hired to be a notary. So the question is, Is the $2 per notary a fair deal? If not, what would be a fair counter offer?
Thanks
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Marian Harmon
271 Posts
(Lancaster, CA)
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Lesson #1 is going to seem nit-picky, but it's really important. You said, "$2 for each notary" and "$2 per notary..." -- the amount aside right now, the individual act is not a notary, but a notarization or a notarial act. You are the notary.
Next, since this is a private business, the amount your employer pays is between you and your employer. Per Government Code:
"8202.7. Private employers; agreement to pay premium on bonds and costs of supplies; remission of fees to employer
A private employer, pursuant to an agreement with an employee who is a notary public, may pay the premiums on any bond and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of such notary public. Such agreement may also provide for the remission of fees collected by such notary public to the employer, in which case any fees collected or obtained by such notary public while such agreement is in effect shall be remitted by such notary public to the employer which shall deposit such funds to the credit of the fund from which the compensation of the notary public is paid."
So, what does that mean? This is my own personal interpretation, and others may have their own... but if your employer did not pay for anything and is not willing to cover your expenses, then you are NOT obligated to pass the fees on to them. You are, in a way, acting as a contractor for Notary purposes outside of your regular job duties. If the notarial act fees are charged in the 'system' and go on the store's books, they should reimburse you for the entire fee collected. If it were me, I'd request that they provide those back on a separate check. I think it's probably reasonable if they want to keep $1-$2 per act to help cover their expenses, but to kep 80% of the fees? That's ridiculous if they aren't paying for your expenses as a notary.
You might consider reading this essay I wrote about the expenses involved in being a notary. It might help for them to read it as well:
http://www.highdesertnotary.com/pfiles/behindtheseal.pdf
ALSO ... acting as a notary for an employer has some unique consequences that your employer should be made aware of. You should tell them to have their attorney review Vancura v. Katris in Illinois from last year. Though not directly related to your situation, the ruling has set a precedent for companies that employ notaries, and touches on their legal obligations. IN other words, if you screw up... your employer might be equally as liable.
It's for this reason the FedEX Office stores stopped offering notary services in about half the states they operate in the US last summer. In essence, the ruling makes employers responsbile for making sure that their employees are properly trained.
How can your employer do this is they aren't paying for your training?
If they aren't paying for your trianing or supplies, nor paying for your insurance (you DO have insurance, right?) and they are STILL taking 80% of your fees... they're ripping you off and should either increase your hourly pay to compensate, or they should pass the collected fees to you as a Notary Public contractor.
I would simply tell them that if they aren't willing to negotiate proper compensation for your services as a notary, you're not going to offer them.
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Paul Williamson
103 Posts
(Inverness, FL)
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IF your employer expects you to provide notarial services for the company, then the fees charged probably should be set by the company. However, if you have an agreement with the company to provide notarial services and pay your own fees, then an agreement needs to be arranged between you and your employer as to what fees will be charged and what portion of those fees will be yours.
You didn't specify what state you are in, but I can only assume the you are in California since you stated that you are charging $10 per signature. Most states do not allow that high of a fee, so be very careful when setting the fees. If the company is setting the fee, inform them of the maximum allowable provided by your state laws.
So, the specifically answer your question, "is the $2 per notary a fair deal?" It depends on your agreement with your employer. Some companies I have worked with and worked for, notarizing documents is part of the job and no additional fees will be paid to the notary. That is, the company charges the fee and receives payment. The notary is paid their employee compensation, regardless of how many notarizations were done. However, I have also worked with employers that allow the notary to provide 'external' notary services to the general public during normal working hours (as long as it doesn't interfere with the notary's primary job functions).
I have a working relationship with a local shipping store. The advertise notary services, but they don't have a staff notary. When someone wants notary services, they refer that person to me. I charge the fees that have been established for my business.
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Linda Hubbell
209 Posts
(Fort White, FL)
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As Paul said - need to know where you are to accurately respond. You posted in CA forum (which isn't a crime) but it says AL under your name....where you are seriously impacts what you can charge and how you can deal with your employer, among many other things.
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Marian Harmon
271 Posts
(Lancaster, CA)
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My answer was based on the assumption that Tina is in California... since this was posted in the CA notary forum and she mentions the $10 fee.
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Linda Hubbell
209 Posts
(Fort White, FL)
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I understand Marian...and I see her location has been fixed to read CA..
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