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Insurance Agent Was an Employee, Not an Independent Contractor

The Third Department determined claimant, an insurance agent, was an employee of Aaron Casey Insurance, not an independent contractor, and, therefore, was entitled to unemployment insurance benefits:

Whether an employee-employer relationship exists “is a factual question to be resolved by the Board and we will not disturb its determination when it is supported by substantial evidence in the record” … . “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” … .

… [C]laimant was required to work a minimum of 30 hours per week, per a schedule set by Aaron Casey Insurance, and needed permission to take time off. In addition to servicing customers outside the office, claimant was responsible for performing in-office work, including answering phones and servicing walk-in customers. Claimant was paid an hourly wage plus commissions and was reimbursed for the costs associated with obtaining his insurance license. Additionally, claimant was provided training and was required to report back regarding sales leads, his work was reviewed by Aaron Casey Insurance and he had a sales quota and faced termination if it was not met. In our view, the foregoing is more than sufficient to support the Board’s finding of an employment relationship, notwithstanding the existence of other proof that could support a contrary conclusion … . Matter of Fahrson…, 2015 NY Slip Op 01515, 3rd Dept 2-19-15

 

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