Mary Kay Sales Director Agreement
Called Claudine Woolf was an independent sales manager for Mary Kay Inc. in March 1997 when she learned that she was pregnant with her first child. That same month, Woolf was diagnosed with cancer. Woolf eventually filed a lawsuit against Mary Kay Inc. under a California law, claiming that Mary Kay was not up to her disability. The jury returned a verdict in Woolf`s favour, and the court`s verdict took the jury`s verdict, with the exception of the award of punitive damages. In this court, Mary Kay argued that there is legally insufficient evidence for the jury`s conclusion that Woolf Mary Kays was the employee, the threshold for liability under the California statute. We conclude that Woolf was not Mary Kay`s employee. Accordingly, we resume the Tribunal`s judgment.1 3. There are levels of leadership in this system, including „senior directors” and executive directors. In this notice, we intend to think „director,” Woolf`s junior sales manager. The facts regarding Woolf`s status were obtained by Woolf himself, by Mary Kay`s collaborators, by other consultants and directors, as well as by test programs such as Woolf`s agreement and tax returns for the years in which she managed her business. Although Woolf sometimes tried to characterize her working conditions differently, she testified to the same fundamental facts as the other witnesses.
We have set out these facts in light of the Limestone Products factors. 8. During the trial, Woolf relied on documents from the reference manual as statements on behaviour. However, the first page of this manual emphasizes that the ideas it contains „have been put together in a manual for you [i.e. the director] to verify and accept or reject them.” Mary Kay was selling her cosmetics to Woolf for resale. Mary Kay stated that cosmetics should be sold to end consumers (i.e. retailers) and that the use of Mary Kay brands was described, but woolf had a wide margin of appreciation in its business activities. She did not work specific hours; she could work as much or less as she wanted. It could sell cosmetics to any user or keep them for its own use. It could sell them in any geographical area of the country. She set her own prices for cosmetics, thus controlling the profit she made from the commercial aspect of her business.
She could (and did) recruit more consultants and try to qualify as a director, or she could remain a beauty consultant without monthly purchase requirements. As a director, Woolf voluntarily accepted the obligation to meet monthly purchase obligations with her unit. She rented her own offices and bought her own computer, equipment, business clothes and business cards. If she decided to attend seminars at Mary Kay, she would pay for her own path. She did not receive any traditional benefits from Mary Kay: no health insurance, leave or leave. Your salary was classified as a commission.7 Your cheques were not withheld, and Mary Kay reported Woolf`s income on a Form 1099, not with a W-2 form. Woolf paid his own federal income tax and self-employment tax. She has always argued with the Internal Revenue Service that she is independent.