Case Study

Please ascertain whether Bobby is an independent contractor or an employee. Give detailed reasoning, address any counter arguments, and analyze using all legal factors. 
Bobby entered a contract with Geico Insurance for a period of 5 years.
1. He obtained a license to sell insurance on his own.
2. Bobby will sell Geico’s insurance products.
3. Geico will pay him commissions for sales of insurance products.
4. Bobby has access to Geico office but his task requires travel, find referrals and sell the products offsite.
5. Bobby has to call in Geico’s HQ once a week and update them.
6. Bobby must attend all sales networking seminars arranged at Geico HQ once a month.
7.  Bobby makes his own schedule and usually works from home on a computer.  Geico gave him this laptop.  He has no set minimum hours.
8.  Bobby is expected to meet company goals to receive a yearly bonus. If he misses the goal, he does not get annual bonus.
9.  Geico also provided Bobby various softwares to help find potential customers. But this is optional for Bobby.
10.          Bobby does not get any vacation pay or sick pay.
11.            Bobby does not have employees of his own.  But he uses a secretary at Geico to help with appointment and keeping a daily calendar.
12.          Bobby uses a cell phone and Geico reimburses for all of its costs.
13.          Bobby also sells other insurance products.  He spends 30-50% of his time selling other products.
14.           Geico sends Bobby praise such as: “You are a rockstar! Bring it home for the team, we are almost there!” 
15.          He recently received the President’s Award of being a top sales person.
16.          Geico pays FICA taxes on behalf of Bobby.