- 14 - In the aggregate, then, the admitted facts and circumstances detailed above are more than sufficient to establish an employer- employee relationship between petitioner and DWP during 1996 and 1997. Furthermore, neither the additional requested admissions denied by petitioners with cursory explanations nor certain other points raised by petitioners in their opposition to respondent’s motion require a different conclusion. As to the substance of petitioner’s relationship with DWP, petitioners made superficial attempts to address several of the factors cited by the courts as pertinent to the employment inquiry. For example, petitioners denied that DWP had the right to discharge petitioner, explaining rather that DWP “did have the right, with Petitioner Kevin Naughton’s consent, to terminate their contractual relationship.” We, however, find it difficult to imagine or accept such a relationship where the hiring party would literally be required to obtain the permission of the worker to fire him or her. We also note that petitioners stated in their opposition to respondent’s motion that the relationship “could be terminated at will by either party”. Accordingly, petitioners’ descriptions are at minimum akin to a concession that DWP could wield significant control over the duration of the work arrangement. That, in turn, would be tantamount to a right to discharge.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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