The Eighth Circuit Case, in a case involving Iowa law that is certainly similar to Minnesota and Wisconsin with respect to independent contractors, determined that a salesman was an independent contractor. The suit arose when he was terminated as a sales representative. He sued, claiming breach of contract indicating that policy documents created a unilateral contract of employment and that it was breached by defendant when he was terminated without cause and by not providing him with notice of substandard performance and an opportunity to cure. Although he had not signed a contractual agreement relating to the relationship, they had operated under this relationship for a number of years, and he had been subject to policies issued by the company. The Court listed ten factors to determine whether a person is an employee or an independent contractor. However, in accordance with most authorities, the primary focus is on “the extent of control by the employer over the details of the alleged employee’s work.” With regard to factors favoring him being an employee, the Court could only point to several factors: the fact that he had been a representative for the company for nearly 27 years and his work/promoting and selling their products was arguably part of their regular business. The plaintiff suggested that requirements of providing weekly itineraries, pursuing recommended sales leads with reports and promptly returning calls to management were crucial and made him an employee. Moreover, at times they also directed the hiring of additional personnel and gave approval for the hiring of some staff as well as his office location. Noting that some control was permitted, the Court said that the plaintiff generally was able to perform his work as he saw fit, and the company did not control the “methods, details, and particulars.” Feslor v. Whelen Engineering Company, Inc. (8th Cir. 2012).