- 19 - particular performance of his job. He relied on his own methods for recruiting, the only control being over the language of the advertisements that he placed. He decided who would be hired and, in fact, used stricter qualifications to select insurance agents than Combined itself required. He trained insurance agents in his own way, following only the broad outlines of the training course. Moreover, he was responsible for most of his own business expenses. He paid for half the advertising and travel costs and all of his remaining expenses, including a secretary, office equipment, and supplies. There was a risk he could lose money. He, in fact, did have net losses for some of the months in which he worked. Respondent argues that he never had a loss at the end of any year; the fact that he was successful does not mean he was an employee rather than an independent contractor. Since he was primarily compensated by means of override commissions on his agents’ sales, his remuneration depended upon his skill at managing this sales force effectively and efficiently. Because Combined ceded to petitioner the ability to substantially affect his agents' compensation (by giving them routes offering greater or lesser remunerative opportunities), petitioner, not Combined, had substantial effective control over the agents within his supervision. Petitioner also sold insurance to a limited extent. Respondent makes much of the scripted sales talk that petitionerPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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