- 16 - literally.] TLC retained the sole and absolute authority to hire each driver-employee and to terminate each driver-employee’s employ- ment with TLC. Each truck driver whom TLC hired as a driver- employee played an integral role in TLC’s business of leasing driver-employees to its trucking company clients. Before TLC hired a truck driver as a driver-employee, such truck driver had to pass TLC’s screening and approval process that it used to determine whether to hire such truck driver. (We shall refer to the screening and approval process that TLC used to determine whether to hire a truck driver as TLC’s screening and approval process.) TLC’s screening and approval process was designed to determine a truck driver’s fitness to serve as a driver-employee of TLC. As required by each exclusive lease agreement, TLC used its best efforts (e.g., by advertising) to, and did, recruit driver- employees. TLC hired approximately 25 percent of its driver- employees through its own recruitment efforts. Each trucking company client also located and referred prospective driver-employees to TLC. If a trucking company 10(...continued) the factor to which TLC and each trucking company client agreed and which such trucking company client and TLC used to compute the lease fee that such client owed to TLC under the exclusive lease agreement. The information included in those addenda to all post-1992 exclusive lease agreements was included in Exhibit A to all pre-1993 exclusive lease agreements.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011