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power for air flight controllers. Mr. Moreau asked petitioner to
come to Fremont to work on the project, and petitioner agreed.
Fremont is approximately 400 miles from petitioner’s home.
Petitioner stayed in Fremont from Monday through Friday, and
he drove back to Rowland Heights every weekend to stay with his
family. While in Fremont, petitioner stayed in a motel.
Eventually, petitioner moved into an apartment with first a
weekly lease and then a monthly lease. According to petitioner,
Mr. Moreau, at any time, could have told petitioner that he was
no longer needed. Mr. Moreau would tell petitioner whether he
was needed on the project from week to week. During the years in
issue, petitioner was needed in Fremont every week.
A project such as the Fremont project usually takes about 2
years to complete. The Fremont project consisted of two phases.
For the first phase, a building was constructed with all
underground utilities to house the diesel generators. This phase
lasted from June 1994 to May 1995. The second phase involved the
installation of control panels, switch gears, and the two diesel
generators. Petitioner was asked to stay on for the second phase
which lasted from June 1995 to August 1996. During the first
phase, petitioner was considered an employee of CDI. In between
phases, petitioner was hired as an employee of Raytheon. At no
time was petitioner reimbursed for his expenses.
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Last modified: May 25, 2011