- 27 - that the instructors were employees, or failed to give such facts the appropriate amount of weight. First, with respect to behavior control, three of the four instructors interviewed stated they received a “manual” when they became instructors at the studio. However, the instructor interviews do not support the conclusion that the “manual” was mandatory. The interviewed instructors neither recalled the dance class instructions in the manual ever being enforced nor did they sign anything stating they had received it. Having reviewed the portion of the manual included in the record, we find it provided helpful tips for instructors and information regarding emergency situations. We find it was unreasonable for respondent to rely on the “manual” as evidence of control given the instructors’ statements and the overall factual record developed during the audit. As the Appeals officer found, the “manual” was no more than a guideline. Moreover, the instructors selected the classes they wanted to teach, and these classes represented their individual talents and experience. Petitioner never provided the instructors with any training. The instructors brought their expertise to the relationship with petitioner. The amalgamation of these findings indicates that it was unreasonable for the examining agent to conclude petitioner had a sufficient level of control over the instructors to classify them as employees. We also believe that respondent’s litigating position with respect to financial control was unreasonable. Petitioner had aPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011