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preemployment urinalysis.
After TLC concluded that a truck driver had passed TLC’s
screening and approval process, but before TLC hired such truck
driver as a driver-employee, TLC required each truck driver to:
(1) Certify that he or she did not possess more than one driver’s
license; (2) complete an application (assignment application)
that requested assignment to a trucking company client; (3) sign
a document (safe driving acknowledgment) that acknowledged that a
safe driving record was a condition for employment; and
(4) receive the Federal Motor Carrier Safety Regulation Pocket-
book.
Each assignment application that each driver-employee
completed provided in pertinent part: “it is to be understood
that the applicant is an employee of Transport Leasing\Contract,
Inc. [TLC] only. Applicant is not an employee of the lessee
named above or herein after [sic].”
Each safe driving acknowledgment that each driver-employee
signed provided in pertinent part:
As a condition of continued employment with Trans-
port Labor\Contract, Inc.[,] it is understood that a
safe driving record must be maintained. If driving
privileges are suspended by the issuing state agency or
an insurance company deems you uninsurable, we can no
longer use your services.
In the above situation, dismissal would be deemed
directly attributable to your actions. Unemployment
claims may be denied.
TLC required each driver-employee whom it hired to sign a
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