Wesley C. and Rhonda A. Wickum - Page 8

                                        - 8 -                                         
          Nonetheless, in order to perform the duties of a district manager           
          effectively, it was necessary for petitioner to incur these                 
          expenses.  Petitioner required the assistance of a part-time                
          secretary to keep up with the paperwork entailed in tracking and            
          reporting the sales of the agents he supervised.  Likewise, he              
          needed to maintain communications with his agents through                   
          telephoning, faxing, and traveling extensively.  He required a              
          place to store materials because policy forms and the like for              
          all his agents were delivered to him quarterly.  Petitioner                 
          believed that the incentive awards and entertainment that he                
          provided for his agents at his own expense contributed                      
          significantly to the morale necessary to maintain a high level of           
          sales in his district.  During certain months, petitioner showed            
          a loss from his activities as a district manager; i.e., his                 
          expenses exceeded his income.  However, petitioner ended every              
          year with a profit.                                                         
               Petitioner executed a “Standard Employment Contract”                   
          (Contract) with Combined.  The Contract required petitioner to              
          devote all of his working time to advancing Combined’s business             
          interests.  Further, the Contract prevented petitioner from                 
          representing any other insurance company.  The Contract also                
          required petitioner to abide by the rules and regulations issued            
          by Combined with respect to the conduct of, and selling methods             
          to be used by, Combined’s field personnel and to abide by the               
          directions of Combined’s authorized personnel.  The Contract                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011