Am I Really "Independent" at a Captive Agency?

Longhornsfan

New Member
4
Hello all, first time poster long time lurker...I'm hoping someone can tell me if I truly should be considered an Independent agent or if I'm getting a raw deal.

I've been an agent employee with a captive company for several years (I've never sold insurance elsewhere) and last year we were forced to go "independent". We were convinced how much better it is, we now own our own business blahblahblah... however the only thing that has changed is my paycheck and health ins. Here's the deal:

1. I don't get a group health plan anylonger.

2. I have to pay my production assistant's ENTIRE salary but she is employed by the company, not me. Therefore the company takes her hourly wage, benefits, pto, workers comp, taxes etc...out of my commisisons monthly but I cannot tell her what to do, hire, or fire her. If she gets a raise I pay for it, but have no say in the matter. I also don't sign off on her time cards and she misses work frequently and doesn't report it. My HR rep told me I legally can not look at what her timecard reports and its none of my business.

3. I pay for the Entire rent & utilites, again its deducted out of my paycheck.

4. I pay the company $125/mo to use their equipment and supplies (phones, fax, toners).

5. I pay for my phones but they deduct the exact amount out of my checks.

6. I am told what to wear and what time is acceptable to come in. I've been told if I'm out of the office I HAVE to be on an appointment and they verify this with the production assistant.

7. I can't work for anyone else that is not ok'd with the company. I am a captive agent selling their products. In fact I'm not even allowed a part-time job if I wanted it. Its not written, but another agent was fired when the company found out they worked at a retail store on the weekends.

8. My clients and policyholders transfer agents for any reason and I have no choice. Other agents can also steal business and solicity my clients with no reprucussions.

9. I get nothing if I'm terminated or quit from my client book.

10. I'm required to attend meetings and training I don't want/need every week.

So basically everything is in the company name, they tell me exactly how to run it but I'm paying for everything. I was forced to sign their contract or lose my job and it has a no compete clause. Isn't it illegal or something to force your employees to go independent and then treat them like employees still? Please someone tell me if this is the norm, or am I suffering from the grass is greener syndrome?
 
Last edited:
An independent contractor can't be made to attend meetings, have their hours set, etc.

You're getting screwed. Put in motion a plan to go independent - soon.

In terms of the non-compete...

Make sure you've got some documentation of things like mandatory hours, meetings, etc. If they want to force the "non-compete" issue, tell them you'll have to force a complaint with the Department of Labor and IRS over "independent contractor" status.

Make sure you've got the documentation!
 
Wow! You're more captive than a captive agent! Check your state laws on the "no compete". Most states don't allow it, but many employers want you to think it's real.
What do you sell with this "independent" company? If you wouldn't mind sharing, which company is it?
 
Moonlight said "you are getting screwed".

I feel that he was "holding back" and not really telling you what he feels.

I will say you are getting raped and getting the piss kicked out of you in the process. You are an indentured servant.

Even I am "holding back" and not telling you how bad it is.
 
Run don't walk....I love it you have to pay for your production assistant as if she was your employee however have no say in the matter and it is She who seems to be managing you...I would get a good attorney fast and find out what parts of there operation is legal and what is illegal considering your independent contractor status...The mandatory meetings, dress code and work schedule are not okay but hes the thing you signed the contract making the clients theres not yours and didn't seem to get any consideration out of the deal....
 
Hello all, first time poster long time lurker...I'm hoping someone can tell me if I truly should be considered an Independent agent or if I'm getting a raw deal.

I've been an agent employee with a captive company for several years (I've never sold insurance elsewhere) and last year we were forced to go "independent". We were convinced how much better it is, we now own our own business blahblahblah... however the only thing that has changed is my paycheck and health ins. Here's the deal:

1. I don't get a group health plan anylonger.

2. I have to pay my production assistant's ENTIRE salary but she is employed by the company, not me. Therefore the company takes her hourly wage, benefits, pto, workers comp, taxes etc...out of my commisisons monthly but I cannot tell her what to do, hire, or fire her. If she gets a raise I pay for it, but have no say in the matter. I also don't sign off on her time cards and she misses work frequently and doesn't report it. My HR rep told me I legally can not look at what her timecard reports and its none of my business.

3. I pay for the Entire rent & utilites, again its deducted out of my paycheck.

4. I pay the company $125/mo to use their equipment and supplies (phones, fax, toners).

5. I pay for my phones but they deduct the exact amount out of my checks.

6. I am told what to wear and what time is acceptable to come in. I've been told if I'm out of the office I HAVE to be on an appointment and they verify this with the production assistant.

7. I can't work for anyone else that is not ok'd with the company. I am a captive agent selling their products. In fact I'm not even allowed a part-time job if I wanted it. Its not written, but another agent was fired when the company found out they worked at a retail store on the weekends.

8. My clients and policyholders transfer agents for any reason and I have no choice. Other agents can also steal business and solicity my clients with no reprucussions.

9. I get nothing if I'm terminated or quit from my client book.

10. I'm required to attend meetings and training I don't want/need every week.

So basically everything is in the company name, they tell me exactly how to run it but I'm paying for everything. I was forced to sign their contract or lose my job and it has a no compete clause. Isn't it illegal or something to force your employees to go independent and then treat them like employees still? Please someone tell me if this is the norm, or am I suffering from the grass is greener syndrome?

Mom! Quit complaining and get back to work.
- - - - - - - - - - - - - - - - - -
Mom! Quit complaining and get back to work.

No really...you're getting screwed.

You could have the IRS on them real quick with the independent contractor thing.
 
Last edited:
LOL Danger Danger Will Robinson...
Looks like I really am a raped chump!!! :goofy:

They also don't put any of this in the "contract", its just verbally known. Every now and again we might get something in print but most of it is talked about on the phone or in person. I do think its pretty funny when my secretary checks her "manual" to see whether she should be doing something for me or not...but since I can't fire her, theres no respect.

Its also sucks because my new manager is the worst manager is history! He's literally the manager from hell. Wait no, he's more like the manager from the hell within hell. He lies, berates, screams and cusses you out if you ask a dumb question, makes mountains out of mole hills and basically everything you can imagine a horrible boss doing, he does. I don't have enough time to list all of the F'd up stuff he's pulled.

BUT The problem is I don't have good credit (divorced last year) I have 3 kids to support and I actually like the job- if it wasn't for the crappy management. I like the clients, love the city I work in and I know I can keep getting more successful. I've built my career with this compay. Truth be told I'm also scared to find another job in this economy making the same $ I'm making now. I don't make a killing, but it pays the bills and I can't go even a month without income.

I really don't mean to come across as the jerk who's whining for nothing, but I did need to know if this is standard in other companies and what my rights are etc.. I'm certainly not sue happy but geez I just feel the same way you guys put it...My ass is sore :D

Do you guys know how any other captive companies treat their Independent agents?
- - - - - - - - - - - - - - - - - -
They're a large insurer, selling multilines, p&c, life health etc...I would say the company but honestly they are such friggin nazis if they saw this they'd ship me back to BFE before I could say insurance. They've reminded me (reminded is a nice way of putting it) countless times they have several people waiting in the wings to inherit a book of business like mine, and my "contract" can be terminated at any time for any reason.
 
Last edited:

Latest posts

Back
Top