Professional Documents
Culture Documents
District of Massachusetts
)
)
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Plaintiff,
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v.
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NEW YORK LIFE INSURANCE COMPANY, )
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Defendant.
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PETER SANTANGELO,
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I.
Background
A.
The
Both
training and ongoing support from NYLIC and NYLIC considers them
to be employees of NYLIC.
Established Agents.
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As an Established Agent,
kinds of policies, including indexed annuities and strangerowned life insurance policies.
Plaintiff set his own schedule.
on a daily basis and was not required to spend 40 hours per week
selling NYLIC products although NYLIC did expect him to meet
certain sales goals.
NYLIC.
His ingoing
In July, 2006,
Quarella
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The
terminated on May 1, 2009 and did not state the reason for his
termination.
office space through May 31, 2009 despite being unable to access
the property.
His Amended
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He continues to receive
The
To be
To be
Procedural History
On December 15, 2009, plaintiff filed a Charge of
More
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The Court
The Amended
recognizes that the new claims were added to this case under
unusual circumstances and defers to the apparent agreement of
the parties that the Original Complaint remains operative.
Defendant moved to dismiss the Amended Complaint in March,
2014.
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the light most favorable to the non-moving party and make all
reasonable inferences in that party's favor. O'Connor v.
Steeves, 994 F.2d 905, 907 (1st Cir. 1993).
Summary judgment is
As a result, defendant is
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Realty Corp., 805 N.E.2d 957, 964 (Mass. 2004) (citing Kerrigan
v. Boston, 278 N.E.2d 387 (Mass. 1972)).
It provides that
Nevertheless, the
4.
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Legal Standard
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Analysis
Most importantly,
with clients, determined his own sales strategy and could sell
products in any state in which he was licensed.
He worked
He did not
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He was paid a
commission rather than a salary and NYLIC did not withhold any
state or federal taxes from his commissions.
medical leave or vacation leave.
Plaintiff
Even if NYLIC is
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ORDER
For the foregoing reasons,
1)
2)
3)
4)
5)
5)
So ordered.
/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge
Dated August 7, 2014
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