Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
Question: IN RE FRANCIS, 668 N.Y.S.2D 55 (N.Y. APP. DIV. 3D DEP'T 1998)
FACTS West Sanitation Services, Inc., provides restroom sanitizing services to commercial customers. Glenroy Francis was hired in 1986 as a serviceperson for specified routes. In 1987, West began a franchise program. Francis signed a 23-page franchise agreement. As a franchisee, he performed the same functions that he had as an employee. In 1992, West terminated Francis' franchise for cause. Francis then applied for unemployment insurance benefits. Employees are entitled to such benefits, but franchisees are not. DECISION The New York Unemployment Insurance Appeal Board determined that West "exercised a sufficient degree of direction and control over [Francis] to establish an employment relationship."
Among the factors cited by the Board were West's assignment of a territory and/or customers to Francis; retention of active client control, including billing; establishing weekly schedules for customer service; "paying" Francis; specification of products that could be used; provision of new customer accounts; inspection and evaluation of Francis' performance; requirement that Francis use West's logo; requirement that Francis submit reports; and restrictions on Francis' right to transfer his interest in the customer accounts. Thus, the Board ruled that West was liable for unemployment insurance contributions for Francis and other similarly-situated individuals. The Appellate Division of the New York Supreme Court upheld the Board upon appeal.
The Principal's Liability on the Contract- Crash agrees to have Steve represent him in various transactions as an agent to secure him performance contracts and endorsement deals
From the e-Activity, determine two (2) other costs that BP might have incurred. Give your opinion as to whether or not BP would have been better off had the company taken the necessary precautions to prevent or minimize an oil spill. Support your ..
Using research and data from the site, address the following: Explain how individual agencies classify information that is compiled into the report. Analyze and identify resources public safety officials, like sheriffs or police chiefs, have to cla..
Evaluate International Widgets' Code of Ethics at the conclusion of the You Decide scenario. Are there any provisions which would prohibit John's behavior? Please explain
Explain HP reporting and disclosure of its sustainability measures, including any metrics used and audits performed.
1. tom was a tall man who operated a successful restaurant that he owned. he believed that tall people commanded more
A business cannot purchase liquor liability insurance to cover dram shop liability. In a majority of states, dram shop laws are designed to protect innocent third parties and not the drunkard
Identify and analyze any legal claims that might arise if the Committee grants a permit to Greenpeace to conduct a protest at the shopping mall
The following situations are similar (all involve the theft of Makoto's television set), yet they represent three different crimes. Identify the three crimes.
Describe the factors that you believe played the most important role in shaping security in the U.S. What would you add or change if you could?
What are the elements of the tort of negligence? Give an example of a claim for negligence and explain how it meets the requirements for recovery under this theory
John Hinckley, Jr. and the documented evidence of psychiatric issues leading to his controversial insanity defense in the shooting of President Ronald Reagan
Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!
whatsapp: +1-415-670-9521
Phone: +1-415-670-9521
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd