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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 a
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