COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

that is inconsistent both with the Agreement itself and with the concept of an independentcontractor relationship.116. In at least one respect, the Agreement itself is internally inconsistent. Itstates that agents shall have full control over their time and over management of theirstaff time. At the same time, it purports to require agents to maintain prescribed businesshours.117. The Agreement provides that the agent will, when requested, “meet withCompany representatives at mutually convenient times to discuss various businesstopics.” However, in practice, Allstate routinely and unilaterally directs agents to attend“mandatory” meetings.118. The Agreement places no restriction on the agent’s ability to makereferrals, other than the referral of insurance products to third parties. However, Allstatehas, by its written statements, purported to restrict agents’ ability to refer customers toother vendors or service providers.119. The Agreement provides that the agent will be responsible for thepayment of expenses incurred by the agent in performing under the Agreement. TheAgreement does not, however, make the agent responsible for expenses incurred solelyon Allstate’s behalf. However, Allstate has recently announced a new “agencyremittance process.” As announced, the process will force agents to assume a portion ofAllstate’s banking expenses.