Smithtown, NY asked in Contracts, Criminal Law and Business Law for New York

Q: Is this coercion?

I am an event photographer. As a photographer I work in many of the same catering halls. A few months ago I was contacted by one of these caterers and discussed becoming one of their recommended vendors. No contracts were signed however they asked for a 10% commission on all jobs we booked in their catering hall and in return they would begin to recommend us to their clients. This has become a standard practice in my industry; one that myself and other vendors feel we have no choice but to comply. However with this company, I have seen no definitive proof that they are actually recommending us, we are not the exclusive photographer recommended just one of many. Yesterday the caterer called demanding commission on every event we worked since our meeting (many of which were booked prior to that meeting) threatening that if we didn't comply, we would not be able to work there.

Is this legal?

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Yes and no. As the threat only applies to future jobs, and no one is required to hire you, it is hard to enforce. However, if someone wants to hire you (which you would have to prove) and you were not allowed to work there, you have a tortious interference case.

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