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Matter 12 Cornelia Street

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eBook details

  • Title: Matter 12 Cornelia Street
  • Author : Court of Appeals of New York
  • Release Date : January 15, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

The decision of the Unemployment Insurance Appeal Board that petitioners real estate salespersons are "employees" and that respondent thus properly assessed petitioner for additional contributions for unemployment insurance is not supported by substantial evidence. A determination that an "employer-employee" relationship exists must rest upon evidence that petitioner exercises control over the results produced by its salespersons or the means used to achieve the results (Matter of Sullivan Co. [ Miller ], 289 NY 110). The only rational conclusion that can be drawn from the record on this appeal is that such control is lacking and that the salespersons are therefore appropriately to be considered independent contractors rather than employees of petitioner.


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