Kevin and Bridget Naughton - Page 14




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               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.                                                               








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