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who is the redheaded stepchild of allstate's Distribution system?

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to pay our employees to watch it. That’s<br />

money down <strong>the</strong> drain and a waste <strong>of</strong> valuable<br />

production time, but many <strong>of</strong> us do it<br />

because <strong>of</strong> our bonus. In fact, <strong>the</strong> company<br />

ties everything that it wants to our bonus.<br />

If it were up to us, we wouldn’t voluntarily<br />

spend money on woople or yellow walls.<br />

C’mon, yellow walls and a non-stop commercial<br />

running on a TV that nobody<br />

watches In today’s environment, <strong>the</strong>re are<br />

very few <strong>of</strong>fice v<strong>is</strong>its by customers anyway.<br />

Most everything <strong>is</strong> done over <strong>the</strong> phone.<br />

Compelling us to conform by withholding<br />

bonus dollars if we don’t seems like blackmail<br />

to me. Painting our walls yellow and<br />

force-feeding us woople has nothing to do<br />

with growing our agencies. Instead, it <strong>is</strong> all<br />

about appeasing those in Home Office,<br />

<strong>who</strong> have never sold a thing. Not a motor<br />

club, not a renters policy, not an auto policy<br />

or a life policy; but, <strong>of</strong> course, <strong>the</strong>y know<br />

what’s best for those <strong>of</strong> us in <strong>the</strong> field. The<br />

problem <strong>is</strong> that unless <strong>the</strong>re <strong>is</strong> adherence to<br />

<strong>the</strong>se crack-pot philosophies, your career,<br />

your life savings and your retirement are<br />

all in jeopardy. Who are <strong>the</strong>se people and<br />

what planet are <strong>the</strong>y from<br />

Then <strong>the</strong>re <strong>is</strong> <strong>the</strong> question as to where<br />

we as a company are headed. I’m still trying<br />

to understand <strong>the</strong> direction <strong>the</strong> company<br />

<strong>is</strong> taking regarding <strong>the</strong> agents. We<br />

are supposed to be independent contractors.<br />

That means that it costs <strong>the</strong> company<br />

nothing to just let us be. Ideally, <strong>the</strong>y<br />

should be mostly hands <strong>of</strong>f, allowing us to<br />

build and maintain our books as we see fit.<br />

But no, <strong>the</strong>y have meddled with <strong>the</strong> IRS<br />

rules and now we are employees without<br />

benefits. Do <strong>the</strong>y really think that firing<br />

us and hiring a truck driver or a beauty<br />

shop owner will solve <strong>the</strong>ir problems Do<br />

<strong>the</strong>y think that inexperienced new hires<br />

have more ability to retain and nurture<br />

<strong>the</strong> books <strong>of</strong> business that it took us years<br />

to build What’s been <strong>the</strong> success rate <strong>of</strong><br />

those kinds <strong>of</strong> hires<br />

As I said, we are lost; a rudderless<br />

ship without an effective captain. There<br />

<strong>is</strong> a lot <strong>of</strong> pressure on Tom Wilson now,<br />

ironically because <strong>of</strong> <strong>the</strong> stock price that<br />

he loves so much. A change <strong>is</strong> desperately<br />

needed, and I hope it comes soon.<br />

But even if it does, it will take a very<br />

long time to transition to a new model.<br />

There’s an old philosophy that says <strong>the</strong><br />

longest journey starts with <strong>the</strong> first step.<br />

I hope that first step starts soon.<br />

There may be a reprieve on <strong>the</strong> horizon.<br />

Word has trickled out that <strong>the</strong>re<br />

will be no more terminations for production<br />

until <strong>the</strong> end <strong>of</strong> 2012. That <strong>is</strong> good<br />

news, but it hardly scratches <strong>the</strong> surface<br />

<strong>of</strong> all <strong>the</strong> o<strong>the</strong>r problems that ex<strong>is</strong>t in our<br />

environment. There are a lot <strong>of</strong> agents<br />

<strong>who</strong> are leaving voluntarily, so maybe <strong>the</strong><br />

exodus has been greater than anticipated.<br />

Or maybe management <strong>is</strong> fearful that a<br />

large number <strong>of</strong> lawsuits will erupt because<br />

<strong>of</strong> <strong>the</strong> mass terminations, causing<br />

regulators to rev<strong>is</strong>it <strong>the</strong> Private Letter<br />

Ruling with <strong>the</strong> IRS, which defined us as<br />

independent contractors. They certainly<br />

don’t want that looked at too closely. In<br />

any case, <strong>the</strong> cessation <strong>of</strong> terminations<br />

for Expected Results <strong>is</strong> a good thing.<br />

However, we have learned from past<br />

experiences that we cannot always trust<br />

<strong>the</strong> things we hear. To paraphrase “Rule<br />

#3” from Runningclock, Ron Harper’s<br />

newspaper, “Don’t l<strong>is</strong>ten to what <strong>the</strong>y say,<br />

watch what <strong>the</strong>y do.” Ef<br />

Possible Legal Relief for Allstate Agents<br />

NAPAA continues to seek solutions for Allstate agents <strong>who</strong> have been, or will be, adversely affected by <strong>the</strong><br />

company’s unreasonable and heavy-handed management strategies.<br />

Recently, we had <strong>the</strong> opportunity to speak with <strong>the</strong> law firm <strong>of</strong> Beal & Blitch, LLP, a litigation firm in Atlanta,<br />

Georgia, which <strong>is</strong> investigating claims regarding <strong>the</strong> repurchase <strong>of</strong> agencies by Allstate from those agents<br />

<strong>who</strong> are classified as underperforming. Specifically, <strong>the</strong> firm <strong>is</strong> investigating <strong>the</strong> right <strong>of</strong> Allstate to impose performance<br />

requirements and o<strong>the</strong>r controls on its agents when <strong>the</strong>y are classified by Allstate as ‘independent<br />

contractors’ as opposed to employees. Beal & Blitch <strong>is</strong> also investigating a variety <strong>of</strong> o<strong>the</strong>r <strong>is</strong>sues surrounding<br />

<strong>the</strong> buy-back <strong>of</strong> agencies, including any type <strong>of</strong> d<strong>is</strong>criminatory enforcement <strong>of</strong> performance requirements.<br />

As we understand it, <strong>the</strong> firm <strong>is</strong> interested in speaking with any agents <strong>who</strong> may have information regarding<br />

Allstate’s attempts to repurchase <strong>the</strong>ir agencies. Interested agents should contact <strong>the</strong> law firm for more information.<br />

Their contact information and website address <strong>is</strong> l<strong>is</strong>ted below.<br />

100 Peachtree Street<br />

Suite 640<br />

Atlanta, GA 30309<br />

(404) 688-2700 ext. 116<br />

email: abeal@bbllp.com<br />

www.bbllp.com<br />

24 — Exclusivefocus Winter 2011/2012

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