- 19 - 4. Opportunity for Profit or Loss Petitioner was paid a set salary by New Dimensions. However, New Dimensions was a small company, and petitioner testified that he believed that he would prosper if New Dimensions became a more successful company. Furthermore, petitioner, on several occasions, advanced business expenses on behalf of New Dimensions in order to help the company develop its business. Petitioner was repaid for these expenses. This factor tends to favor an employer-employee relationship, but its significance is mitigated by petitioner’s own belief that he stood to prosper along with the company. 5. Right To Discharge We do not believe that this is a significant factor, as either an employee or independent contractor, working under the circumstances of this case, could be terminated at will or could quit the company at will. We accord this factor little weight. 6. Integral Part of Business Clearly, a dispatcher is an integral part of a trucking company’s business. This factor favors a finding that petitioner was an employee. 7. Permanency of the Relationship Petitioner was not hired on a job-by-job basis, and a dispatcher is necessary to the day-to-day operations of a trucking company. But there is no permanency of employment by aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011