You are here: / / Employer Did Not Exercise Sufficient Control over Claimant’s Work—Finding...

Employer Did Not Exercise Sufficient Control over Claimant’s Work—Finding that Claimant Was an Employee Was Not Supported

The Third Department reversed the Unemployment Insurance Appeal Board’s ruling that claimant was an employee of Stacy Blackman Consulting (SBC).  The court explained: “Claimant … executed an agreement that designated him an independent contractor. He further negotiated his own fee, was not reimbursed for expenses, and was not provided with any benefits. SBC did not train, supervise or otherwise direct claimant in the performance of his work, although it did require him to turn over whatever application materials he had helped prepare. SBC also did not perform any substantive review of claimant’s work, did not require him to attend any meetings or consult with it, and allowed him to decline assignments and take time off as he saw fit. Moreover, while the parties’ agreement required claimant to keep sample application materials provided by SBC confidential and imposed restrictions on his ability to work for competitors in the field, the president of SBC testified without contradiction that she had never enforced those provisions and had permitted claimant to work elsewhere. ”  Matter of Jhaveri (Commissioner of Labor), 2015 NY Slip Op 03019, 3rd Dept 4-9-15

The Third Department reversed the Unemployment Insurance Board’s ruling that claimant was an employee of Encore, an event staffing company which refers persons, called brand ambassadors,  to clients who want to promote a product at an event. The court wrote: “…[T]he pertinent inquiry is whether Encore exercised control “over the results produced or the means used to obtain those results, with control over the latter being the more important factor to consider” … Here, the evidence reveals that Encore retained little or no control over either the means or results of the work performed by the brand ambassadors. Significantly, Encore did not conduct interviews, auditions or background checks, did not review credentials or set the rate of pay, did not provide training or supervision at events, did not establish work schedules, did not supply equipment, clothing or props and did not evaluate performance. Notably, it was the clients who directed the brand ambassadors by providing them with instruction on how to promote the specific products or services.” Matter of Lee (Commissioner of Labor), 2015 NY Slip Op 03022, 3rd Dept 4-9-15

 

You might also like
THE NYS GAMING COMMISSION’S DUTIES TO INSPECT HORSES AND EQUIPMENT BEFORE A HARNESS RACE ARE PROPRIETARY, NOT GOVERMENTAL, IN NATURE; THEREFORE ORDINARY NEGLIGENCE PRINCIPLES APPLY AND THE IMMUNITY DEFENSE IS NOT AVAILABLE; DURING THE RACE A HORSE FELL AND CLAIMANT’S HORSE COLLIDED WITH THE FALLEN HORSE; THERE ARE QUESTIONS OF FACT ABOUT THE SAFETY OF THE FALLEN HORSE’S EQUIPMENT AND WHETHER THE HORSE EXHIBITED INDICATIONS HE WAS LAME; THERE ARE QUESTIONS OF FACT ABOUT THE APPLICABILTY OF THE ASSUMPTION OF THE RISK DOCTRINE; REGULATIONS RE: THE INSPECTION OF HORSES AND EQUIPMENT ALLOWED CONSTRUCTIVE NOTICE OF THE DANGEROUS CONDITION TO BE IMPUTED (THIRD DEPT). ​
Truck Driver Was Employee
THE 3RD DEPARTMENT REFUSED TO AMEND THE NOTICE OF APPEAL TO INSERT AN ORDER FROM WHICH NO APPEAL HAD BEEN TAKEN; APPEAL DISMISSED (THIRD DEPT).
THE JURY WAS WRONGLY INSTRUCTED ON THE INFERENCE WHICH CAN BE DRAWN ABOUT THE LOCATION OF A BOUNDARY LINE FROM A SURVEY MAP FILED FOR MORE THAN 10 YEARS; VERDICT FINDING PLAINTIFF HAD WRONGLY SET THE PROPERTY BOUNDARY REVERSED (THIRD DEPT).
Slander Per Se Complaint Not Based Upon “Serious Crime” (Trespass) ​
BEFORE PETITIONER INMATE’S ARTICLE 78 PETITION WAS CONSIDERED RESPONDENT VOLUNTARILY REVERSED THE GUILTY FINDINGS ON THE PRISON DISCIPLINARY VIOLATIONS; PETITIONER WAS NOT ENTITLED TO ATTORNEY’S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT UNDER THE “CATALYST THEORY” (THIRD DEPT).
CLAIMANT’S ATTORNEY WAS NOT AWARE OF THE THIRD DEPARTMENT’S UNIQUE REQUIREMENT OF FULL EXPERT-WITNESS DISCLOSURE FOR A TREATING PHYSICIAN; THAT WAS AN ADEQUATE EXCUSE FOR AN UNTIMELY DISCLOSURE (THIRD DEPT). ​
THE DENIAL OF DEFENDANT’S REQUEST FOR A CIRCUMSTANTIAL EVIDENCE JURY INSTRUCTION REQUIRED REVERSAL (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Where It Was Not Clear that Grand Jury Proceedings in Which a County Employee... Criteria for an Application for a Use Variance Explained—Not Met Here