- 20 - assistants at their own discretion and incurred the cost of paying those assistants. Respondent overstates the role of the sales procedure manual, contending that the sales procedure manual dictates the manner in which sales representatives are to carry out their sales activities. The sales procedure manual details the procedure for submitting orders to TAG; it does not provide direction with respect to the manner in which TAG's sales representatives are to solicit sales. We recognize that the sales procedure manual states that sales representatives are to submit their schedules and vacation requests to the national sales manager; however, these requirements are toothless, as they are not followed by TAG sales representatives, nor are they enforced by TAG. Hathaway testified that the requirement that sales representatives submit their 4-week schedules every 2 weeks to the national sales manager is unworkable, as he usually is not able to predict where he is going to be in a given week. These requirements also lack substance in light of the fact that sales representatives use their own business judgment with respect to the scheduling of their time and the fact that sales representatives occasionally miss sales meetings because they are on vacation. Further, even if these requirements were followed and enforced, they would not represent control by TAG with respect to the manner or means by which sales representatives solicit sales.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011