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All of Combined’s insurance agents were required first to
attend a 2-week sales school and then undergo field training that
lasted 7 weeks. The course of instruction at the sales school
was uniform nationwide, whereas the field training was designed
to educate the trainee regarding conditions and practices in his
local sales territory. The sales school cost between $1,000 and
$1,500 per agent, of which petitioner, as district manager, paid
$150, and Combined paid the remainder. Field training was
usually conducted by a sales manager, although sometimes by a
district manager. Petitioner, as district manager, usually
conducted the first week of field training himself. The 7-week
field training period was not devoted exclusively to training,
but rather consisted of a schedule, devised by Combined, of items
to be covered in each week of the 7-week period. The manager
conducting the field training was supposed to follow the program
schedule for field training, but managers often did not, and
Combined’s senior management was aware of this fact.
The agents learned an organized sales presentation during
sales school. When selling Combined’s insurance products, they
were required to use the organized sales presentation, which
included an initial sales pitch as well as responses to possible
questions from customers. The agents were taught the same
presentation for a given product, regardless of where it was to
be sold. The presentation was designed to function as a script
for the agents, whose responsibility was to deliver it. The
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Last modified: May 25, 2011