In re the Claim of Joyce

116 A.D.3d 1132, 983 N.Y.S.2d 136

This text of 116 A.D.3d 1132 (In re the Claim of Joyce) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Claim of Joyce, 116 A.D.3d 1132, 983 N.Y.S.2d 136 (N.Y. Ct. App. 2014).

Opinion

Egan Jr., J.

Appeal from two decisions of the Unemployment Insurance Appeal Board, filed September 28, 2012, which ruled that Coface North America Insurance Company was liable for unemployment insurance contributions based upon remuneration paid to claimant and others similarly situated.

In August 2007, claimant entered into a series of written agreements with Coface North America Insurance Company to act as an agent for Coface selling commercial credit insurance. Pursuant to the terms thereof, claimant was to be paid a draw against her commissions in the amount of $60,000 — payable in bimonthly installments of $2,500. Following an unsatisfactory performance evaluation in April 2008, claimant’s draw payments ceased, and she subsequently was paid on a commission-only basis. In February 2009, Coface terminated its relationship with claimant altogether, prompting claimant to file for unemployment insurance benefits.

The Department of Labor issued an initial determination finding that claimant was eligible for benefits based upon remuneration paid to her and others similarly situated. Coface objected and, following hearings, an Administrative Law Judge sustained the Department’s determination and ruled that claimant was an employee for purposes of unemployment insurance benefits. Upon review, the Unemployment Insurance Appeal Board affirmed, and Coface now appeals.

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Bluebook (online)
116 A.D.3d 1132, 983 N.Y.S.2d 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-joyce-nyappdiv-2014.