MATTER OF BARONE

515884.

108 A.D.3d 918 (2013)

968 N.Y.S.2d 740

2013 NY Slip Op 5278

In the Matter of the Claim of FRANK J. BARONE, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 11, 2013.


Claimant was hired by a small securities brokerage firm, specializing in executing trades for money managers and institutional investors, to obtain clients and expand the firm's accounts. Under the terms of the retainer agreement, claimant was to be paid a draw of $7,000 for the month of February 2011 and a monthly commission of 45% on net commissions generated above that level to cover his monthly draw. The employer, however, retained the discretion to discontinue any future...

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