Paralysis / Spinal Cord - Demand Letter
- Introduction
- Links
- Publications
- Demand Letter
- Law Firm's Experience with Paralysis / Spinal Cord Injury Cases
- Glossary
B. MASTER-SERVANT RELATIONSHIP
On trial of this case the jury will be asked to answer the following Special Issue:
On the occasion in question, was Sara Glass acting as an employee of Harry S. Briten Residential Services Corporation?
An "employee" is a person in the service of another with the understanding, expressed or implied, that such other person has the right to direct the details of the work and not merely the result to be accomplished.
Therefore, in considering whether Sara Glass was subject to the right of Harry S. Briten to control the details of her work the jury will be presented with the following factual evidence:
- Jackson & Boday, the predecessor corporation of Harry S. Briten Residential Services Corporation, developed, distributed and required its sales agents to follow the company Policy and Procedure Manual.
- The Policy and Procedure Manual was specifically identified and purchased by Harry S. Briten.
- After Briten's takeover, Ms. Glass' manager instructed her to continue to operate in the same manner and "...not to expect...any notable changes."
- Briten did not withdraw the Policy and Procedure Manual until February of 1996 --- after the accident that led to this lawsuit.
- Even after repudiating the written manual, Briten has continued to follow virtually the same detailed policies and procedures in the same form as set forth in the manual.
Briten controlled the listings, the advertising, earnest money contracts, dress requirements, meetings and employee training which was designed to facilitate indoctrination into the office procedures and operating policies of Harry S. Briten. The jury will be presented with the following facts on the manner in which Briten controlled these details of Sara Glass' work:
- Listings
Briten dictated:
1) - The type of listings that may be accepted.
2) - The prices of the listed homes.
3) - Time limits for listings.
Briten required:
Management approval of all listings.
- Advertising
Briten dictated:
1) - Where ads could be placed.
2) - What properties could be advertised.
Briten required management approval and selection of ads.
- Earnest Money Contracts
Briten dictated:
1) - How contracts should be presented.
2) - How contracts may be accepted.
3) - How the contracts would be processed.
Briten required:
1) - Agents to report status of contracts to manager.
2) - Mandatory submission of new agent contracts to the manager for approval.
- Dress Requirements
Briten dictated the manner in which its sales agents were allowed to dress.
Briten fired sales agents who did not comply with the code.
- Meetings
Briten dictated:
1) - Sales agents must attend weekly meetings.
2) - Sales agents must attend weekly property tours.
Briten required:
1) - Agents notify the manager in advance if a meeting would be missed.
2) - Missed property tours be made up within two days.
- Training
Briten dictated:
1) - All agents enroll in company sponsored training.
2) - Training was designed to "...Facilitate indoctrination into the office procedures and operating policies of Harry S. Briten, REALTORS."
(Harry S. Briten Residential Specialist Program)
The exercise of control of the details of Sara Glass' work was so complete that as a Briten agent she received training that covered every aspect of the real estate business. The control over the details of her work was so complete that the Residential Specialist Program even included the canned responses which Briten employees should give to Briten's customers in anticipated situations as follows:
a. Situation 1: Individuals seeking information.
Response: Always answer a question with a question. Give out minimum amount of information. Get maximum amount of information.
b. Situation 2: How to avoid giving out an address of a home.
Response: Tell him:
"I would like to give you the address but when I took the listing I promised the owner I wouldn't give it out."
Or: "The Board of Realtor's Code of Ethics will not allow us to give the address without the owner's consent."
Or: "Well, I can give the address to most of our other listings, but this one we can't because this one is a little special."
Put the blame on someone else, so that the prospect doesn't think you have a selfish ulterior motive.
c. Situation 3: How to contact prospects.
Response: Best time to call: 7 A.M. (Wake them up).
d. Situation 4: Individuals want to look at homes by themselves.
Response: "Mr. Prospect, in order for me to really be of help to you, what we need to do is discuss your needs and the only opportunity for us to do that, in a caring way, is while we are riding together. Does that make sense? (Shall we ride in my car or yours?)
If all else fails: Well, fine! If you prefer, let me jump in with you and we will discover that home together! (SMILE!)
