In re the Claim of Rawdin
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 30, 1976, which affirmed the decision of a referee sustaining initial determinations of the Industrial Commissioner holding claimant eligible to receive benefits without any disqualifying conditions and overruling the employer’s objection that claimant was an independent contractor, and holding the employer liable for contributions on the earnings of the claimant and those similarly situated to the claimant. The employer is a nationwide organization which sells clothing to retail stores. Claimant, a sales representative, was assigned to a territory and paid on a commission basis against an advance of $350 a week. Claimant was discharged because the employer believed he was not producing sufficient business and, therefore, was not covering the advances. The employer alleges that claimant was not covered by Workmen’s Compensation, that all expenses were paid directly by the claimant without reimbursement, that the samples used by the claimant were bought and paid for and that his working schedule was not controlled in any manner. Claimant alleges that he was assigned a territory, that he was given a list of accounts by the employer, that he was requested to attend meetings when new lines of merchandise were exhibited, that he could not sell competing lines of merchandise and that he was discharged for not generating sufficient
Case-law data current through December 31, 2025. Source: CourtListener bulk data.