- 12 - 2. Investment in Facilities During the years in issue, petitioner worked out of Manulife’s Irvine office, which was his only work location. Indeed, petitioner’s business contact information listed the Irvine office as his business address. Moreover, Manulife employed at its Irvine office two support employees to assist petitioner in his sales activities. Manulife was responsible for hiring, supervising, and paying these employees. Although petitioner provided his own computer and fax machine, he was not otherwise responsible for any business expenses associated with this office, including rent, office supplies, equipment, and furniture. This factor strongly suggests that petitioner was an employee of Manulife. 3. Opportunity for Profit or Loss Petitioner received commissions based on his sales performance. Manulife also reimbursed petitioner for his business expenses up to an annual limit. Compensation on a commission basis is entirely consistent with an employer-employee relationship. Tex. Carbonate Co. v. Phinney, 307 F.2d 289, 292 (5th Cir. 1962); Capital Life & Health Ins. Co. v. Bowers, 186 F.2d 943 (4th Cir. 1951). While petitioner conceivably could have suffered some loss as a result of his sales activities, he may still be an employee under thePage: 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