- 11 - performed his work. Manulife set petitioner’s sales commission schedule, his sales territory, and his annual reimbursement allocation. Moreover, Manulife restricted petitioner’s ability to sell or promote other company’s financial products without Manulife’s consent and required petitioner to use preapproved financial information packets to market Manulife’s life insurance products. In addition, Manulife required petitioner to use the Irvine office to conduct business and to use Manulife’s support staff to assist him in his sales activities. These facts suggest that Manulife generally retained the right to regulate and direct petitioner’s business activities. We give little or no weight to the fact that the agreement merely required petitioner to adhere to Manulife’s policies, procedures, written rules, and codes of conduct and that Manulife required petitioner to report his goals and objectives to the western regional manager because the record does not identify the procedures for enforcement of the rules and for reporting requirements. The totality of the evidence on this factor supports a finding that Manulife had the right to control the manner in which petitioner performed his work and that petitioner therefore was an employee of Manulife.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