Posted by Vanessa Rainford on 12/1/13 1:19pm
Msg #494595

Employer requiring my fee as a "store sale"

I am a notary in NJ. My employer is requiring that the "notary fee" goes directly into the store register as a "sale" for the store.
I feel that I am offering a service for the store and that I should be fairly compensated for this service. My employer DID NOT pay for me to become a notary, I did.
I am not asking for a lot of money, I have only been charging 2.50 per notary.
I am looking for advice on what I should be charging and if anyone has any suggestions in this area.
All of the notaries that I know do not have an employer requiring that the 2.50 is a sale for the store.
Any suggestions are appreciated.

Reply by 101livescan on 12/1/13 1:27pm
Msg #494596

What does your state's SOS say about this? Every state is different. Were you hired on the prerequisite of your notary commission? Need more details.

Reply by Vanessa Rainford on 12/1/13 1:31pm
Msg #494597

I was not hired because I was a notary. When I was hired I was not a notary at that point. I am (obviously) brand new to this forum. Please advice where I might find my states SOS rules

Reply by 101livescan on 12/1/13 1:37pm
Msg #494598

Your state's online notary manual may or may not address this issue.

http://www.state.nj.us/treasury/revenue/dcr/geninfo/notarymanual.shtml

Reply by Buddy Young on 12/1/13 8:49pm
Msg #494625

It doesn't matter who paid for you to be a notary.

If you are doing notarizations on store time and are drawing a wage, the charge for your notarizations belong to the store.

Reply by desktopfull on 12/2/13 6:12pm
Msg #494730

If performing notary duties aren't a requirment for your job

and you don't want to give the store owner the fees when you notarize, then leave your seal at home and let another person perform the notarization. Just curious as to why you let the employer know you got your commission if you didn't want to provide free notarizations for your employer. The people coming into the store after all are his customers not yours and you should not be competing to solicit his customers for a service that he was providing for a fee.

Reply by MW/VA on 12/1/13 1:41pm
Msg #494599

I know a particular pack & ship store that has notary

services & all the employees are notaries. They are not paid for the service. It is a sale for the store. They are paid their hourly wage, of course. I don't know if the employer paid the cost of their obtaining their notary commission.

Reply by Linda_H/FL on 12/1/13 1:44pm
Msg #494601

As a notary for any law firm I've ever worked for

I never charged separately for notary fees - it was a courtesy to the law firm.

IMO this is something you need to square away with your employer as to who gets the fees. YOU are responsible for your commission and anything you do wrong but he may have some liability for your actions. I'd definitely check with the SOS if you're unclear on it.

As to what to charge? You're governed by your state at $2.50/notarization.

Again, IMO, something you need to work out with your employer.

Reply by Linda_H/FL on 12/1/13 1:45pm
Msg #494602

Also agree with MW/VA about pack 'n ships n/m

Reply by 101livescan on 12/1/13 1:53pm
Msg #494603

FWIW, all notaries and live scan certified rollers in CA are hourly employees, and the charges to the customer belong to the store, like UPS, Mailbox USA, etc.

Reply by Carmela Arndt on 12/1/13 2:22pm
Msg #494606

Re: OP says she paid for her commission not her employer n/m

Reply by PegiT_MN on 12/1/13 3:08pm
Msg #494611

I am just guessing here but it sounds like you work for one of those UPS franchise stores or one of those pack and mail franchises where they offer notary services to the general public. Am I right? If that is the case, you are probably a W-2'd employee and your employer calls all the shots. Why is he going to allow his customers to come in for a service his store offers and let you pocket any of that money? That would be a really stupid employer if he allowed you to do that. There is no way you are ever going to be able to pocket any of that money........just consider it part of your job duties while you are being paid your hourly wage.

It sounds to me like you have two options here. Leave your notary stamp at home as that is a separate job/business for you and not a part of your employment at the store. Your employer did not pay for your commission or your stamp and it was never part of your job description. Option number two would be to go to your employer and ask for a raise in your hourly wage. Tell them that you are an asset to his store because you are an experienced notary and think of all the extra income that can be generated for the store because they are able to offer notary services because of you.

Good luck to you Vanessa.....let us know how it works out for you.

Reply by ikando on 12/1/13 3:30pm
Msg #494612

Here's a third option to what Pegi said. Ask the employer to reimburse you for the costs to get your commission. Although he will not have "bought" your commission (you're still the notary, it's in your name and your bond), perhaps you'd feel better about the fee going into his sale drawer.

And as others have said, we assume you're being paid by the hour, and I'll bet that's more than the $2.50 per you'd charge for the infrequent notary requests. If you need the job, think about all the aspects beyond the fee you could charge.

Reply by MonicaFL on 12/1/13 6:26pm
Msg #494616

Ask him to pay for your commission, etc. since this is an expense you have accrued.

Reply by C. Rivera Chicago Notary Services on 12/2/13 4:52am
Msg #494641

agree with PegiT....right on the money n/m

Reply by LKT/CA on 12/1/13 4:14pm
Msg #494613

Typically, if a commission is a condition of your employment, then the employer pays the costs for you to receive that commission. If you decided on your own to be a notary and paid for it, yet your employer realized it to be an asset to his business, he needs to reimburse you for the costs to become a notary. The commission still belongs to you and goes with you when you terminate employment but it is unethical - IMHO - of him to expect the store to reap the rewards from YOUR commission where that (the commission) was never a condition, indication, or requirement of your employment status/duties.

Reply by Amigoaz on 12/1/13 6:08pm
Msg #494615

I used to own a UPS Store and paid for some of my employees to get their Notary commission. The store kept the $2.00 per signature fee that this state allows. If they did other notary work outside of work that was not my business.
I suggest you ask the owner to reimburse you for you commission expenses and bond, etc.
Good luck to you!

Reply by MikeC/TX on 12/1/13 7:29pm
Msg #494618

As far as what you can charge, it's anything up to and including the state maximum notary fee.

Unless NJ law says otherwise, he can probably consider those fees as a sale. But unless you've got people lined up out the door for you to notarize stuff, I think he's being incredibly petty. Is his business so bad that he needs to take an occasional $2.50 from the notary?

As for what you can do about it, my first thought would be to not charge for notarization while you're working there. Notary laws determine what you can charge, not what you must charge. Why not give the service away and tell your boss it's a courtesy that customers will appreciate? It gets them into the store, and maybe they'll buy something while they're there..

Good luck, and let us know how it turns out.

Reply by Doris_CO on 12/1/13 9:42pm
Msg #494630

Vanessa, the best gift you can give yourself as a notary is to educate yourself on your state's Notary laws so you will know what you can and cannot do as a Notary Public in your state. As we say frequently on this forum, you should know your notary laws backwards and forwards in order to protect yourself and your commission. Working in an environment where the public comes to you, you might receive requests that are questionable and you will need to make a decision immediately on whether you can Notarize or not.

Reply by Buddy Young on 12/2/13 2:11am
Msg #494638

If you do notarizations while on the clock so to speak the money belongs to the store as I have said before. Your boss is not being petty, it's business. Also this is probably not covered in notary law.

If you pocket the money while doing it on store time it's no difference than taking money out of the till and putting it in your pocket and that is grounds for termination. You would be making money for yourself while on the clock and should be working for the store. You would be guilty of stealing time and that is grounds for termination.

If you do notarizations outside working hours that is money for you to keep.

You guys can disagree with me all you want but the OP better head what I have written here before she is terminated.

Reply by Clem/CA on 12/2/13 10:44am
Msg #494664

Petty works both ways. Lucky they did not get fired for moonlighting on Company time.

Reply by FGX/NJ on 12/2/13 8:03am
Msg #494648

Vanessa
$2.50 is max. fee
Notaries are under Sec of tres. in NJ not SOS
The notary Div. will not be interested in your situation.

Reply by NVLSlady/VA on 12/2/13 9:19am
Msg #494656

Vanessa, maybe your employer will let you "hang your shingle" in a back room, empty booth, vavant corner, etc.
If the commercial rental space fees are anything like the ones here, you'll OWE HIM money after your enterprise is done. So, I'd let it go.

Get some free biz cards to hand out (ask 1st if employer objects) and notarize on your own time. Maybe you could get $5 with travel included (otherwise, probably a WOT).

Reply by NVLSlady/VA on 12/2/13 9:20am
Msg #494657

"vacant" corner (I think Snoopy/Peanuts had one) n/m

Reply by NVLSlady/VA on 12/2/13 9:28am
Msg #494660

Employee Perk

Why can't he just take the measly chump change and buy lunch for you/staff?!

In corporate am. that was a Huge savings for me many times when funds were tight Even a couple of times a month made a nice difference (of course, the idea was to get you to stay at your desk . . . Sell, sell, sell!)

Reply by Luckydog on 12/2/13 6:29pm
Msg #494736

Just my opinion that if your job suggests you notarize, then you do it it as part of your job requirement, and your employer pays you in his wage. Ex. like at the UPS store, a bank, etc that advertises they have a notary on site... If you are in a position that does not require notary work, then do not offer it on your job schedule, and do it as a service on the side on your own time. If your employer needs a notary and is not part of your job description, ask him for a pay increase, and offer the service to his patrons. Maybe explain the cost involved in obtaining it, the E&O insurance that is your out of pocket expense and liability that no one thinks about not in our business. It takes a lot of $2.50's to just break even on your side.