Question
You just got hired as a new lawyer with a famous law firm. Your boss, who is the law firm partner has handed you your
You just got hired as a new lawyer with a famous law firm. Your boss, who is the law firm partner has handed you your first assignment. First, he has provided you with some information. He received this information from a new client, Bobby.
Bobby entered a contract with GeLco Insurance company for a period of 5 years.
1.He obtained a license to sell insurance on his own.
2.Bobby will sell GeLco's insurance products.
3.GeLcowill pay him commissions for sales of insurance products.
4.Bobby has access to GeLcooffice but his task requires travel, find referrals and sell the products offsite.
5.Bobby has to call in GeLco'sHQ once a week and update them.
6.Bobby must attend all sales networking seminars arranged at GeLcoHQ once a month.
7.Bobby makes his own schedule and usually works from home on a computer.GeLcogave him this laptop.He has no set minimum hours.
8.Bobby is expected to meet company goals to receive a yearly bonus. If he misses the goal, he does not get annual bonus.
9.GeLcoalso provided Bobby various softwares to help find potential customers. But this is optional for Bobby.
10.Bobby does not get any vacation pay or sick pay.
11.Bobby does not have employees of his own.But he uses a secretary at GeLcoto help with appointment and keeping a daily calendar.
12.Bobby uses a cell phone and GeLcoreimburses for all of its costs.
13.Bobby also sells other insurance products.He spends 30-50% of his time selling other products.
14.GeLcosends Bobby praise such as: "You are a rockstar! Bring it home for the team, we are almost there!"
15.He recently received the President's Award of being a top sales person.
Bobby wishes to know whether the courts will deem him to be independent contractor with or an employee of GeLco. Your boss wants you to send a letter to Bobby explaining from a legal lens whether in eyes of the law, the Courts will consider him as an independent contractor or as an employee. State your reasons completely and also inform Bobby of any counter arguments to your position and why those arguments will not prevail.
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