COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

79. In the spring of 2000, Allstate introduced its Exclusive Agency ResultsMeasurement setting forth the “expected results” of an agent’s sales production.80. The “expected results” purportedly imposed upon agents are based on“average” (not “mean”) production within a market area as defined by Allstate.81. The “expected results” represent, for the first time, specific quotas beingimposed upon agents by Allstate.82. Moreover, for the first time, Allstate has represented within its ExclusiveAgency Results Measurement its intention to terminate agents who do not meet the“expected results” in any of three specified areas. Consistent with this threat, Allstate hasin fact terminated agents for failure to meet the “expected results” in some regions of thecountry.83. Since introducing the “expected results” in 2000, Allstate has now increasedthose “expected results” for 2001 – in some regions representing an increase of almosttwo hundred (200%) percent.84. Allstate’s “expected results” or quotas represent additional terms notcontained within the Agreement between the parties and thus constitutes a breach of thatAgreement. Additionally, the quotas are inconsistent with the entire concept of anindependent contractor relationship.