[Download] "Matter Rich Plan Syracuse" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Rich Plan Syracuse
- Author : Supreme Court of New York
- Release Date : January 09, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The appellant, a franchised dealer for a national organization selling freezers and frozen foods to consumers, utilized both full-time salaried and commissioned only salesmen in its business. In dispute is respondents finding that the commission salesmen were employees and not independent contractors for purposes of the Unemployment Insurance Law and thus that appellant was properly assessed unemployment insurance contributions based upon their commissions. The existence of an employment relationship in a given case is factual and thus, if the boards decision is supported by substantial evidence, it must be upheld (e.g. Matter of D & E Catering Co. [ Catherwood ], 33 A.D.2d 1075). It is only where, as a matter of law, it can be said that an employment relationship does not exist that the boards determination can be set aside (Matter of Stone Conveyor Co. [ Catherwood ], 27 A.D.2d 887). Moreover, there is no "universally applicable test", no "single factor alone" determinative of the existence of the relationship, and, therefore each case "must be decided on its own peculiar facts." (Matter of Smith [ Catherwood ], 26 A.D.2d 459, 460-461.) Admittedly, on the instant record there are, as appellant [47 A.D.2d 573 Page 574]