COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

39. The Agreement provides that the agent has sole discretion to have businessconducted by employees or other persons at times during which the agent is physicallyabsent, and the Manual states that as an agent, “you will have full control of your time.”Exhibit 4, p 3.40. The Agreement provides that the agent may be asked to meet with Allstate’srepresentatives at times “mutually convenient” to both parties. Exhibit 2.A, p 3.41. The Agreement provides that the agent “has sole and exclusive control overits labor and employee relations policies, and its polices relating to wages, hours, andworking conditions of its employees.” Exhibit 2.A, p 3.42. The Agreement states that the agent shall “keep its sales location open forbusiness as appropriate in the market to provide a proper level of customer service. At aminimum, the agency agrees to operate its sales location consistently with the AgencyStandards.” Exhibit 2.A, p 4. The Agency Standards purport to state specified hours ofbusiness operations during which the agency must be open. Exhibit 5, p 1 of ServiceAvailability.43. The Agreement states that the authority granted to the agent is “nonexclusive.”Exhibit 2.A, p 11.44. The Agreement and all related documents are silent concerning the agent’sability to refer business, other than the sale of insurance products, to third parties.