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Agent for Insurance Company Properly Found to Be an “Employee” Entitled to Unemployment Insurance

The Third Department determined claimant, who sold insurance as an agent for Coface North America Insurance Company, was an “employee” entitled to unemployment insurance:

Whether an employment relationship exists within the meaning of the unemployment insurance law is a factual question for the Board to resolve, and its determination in this regard – if supported by substantial evidence in the record as a whole – will not be disturbed … . “While no single factor is determinative, control over the results produced or the means used to achieve those results are pertinent considerations, with the latter being more important” … .

Here, there is ample evidence to support the Board’s finding that Coface exercised control over numerous aspects of claimant’s work. Coface, among other things, assigned claimant a sales territory …, provided her with sales leads that she was required to pursue…, precluded claimant from representing other insurers without Coface’s prior written consent …, directed that claimant devote all of her efforts to generating business for Coface, reserved the right to accept or reject insurance proposals submitted by claimant …, required claimant to work under the direction and supervision of its regional agent, set claimant’s commission rate, paid claimant a bimonthly draw against her commissions that she was not required to refund … and contributed to her health insurance premiums … . Additionally, claimant testified that Coface scheduled her workday, required her to work out of its regional office during her first year of employment, insisted that she keep her supervisor apprised of her whereabouts at all times and required her to attend quarterly sales meetings … . Such proof, in our view, is more than sufficient to support the Board’s finding of an employment relationship between Coface and claimant (and those similarly situated) – notwithstanding the existence of other proof in the record that could support a contrary conclusion …, including a provision in the parties’ agreements identifying claimant as an independent contractor… . Matter of Joyce …, 517162, 3rd Dept 4-3-14

 

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