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Pursuant to each exclusive lease agreement, each trucking
company client had the right to decline using a particular
driver-employee whom TLC wanted to lease to it. While TLC was
leasing a driver-employee to a trucking company client, TLC had
the right to lease that driver-employee to another trucking
company client and thereby assign additional projects to such
driver-employee.
If a trucking company client no longer wanted or needed the
services of a particular driver-employee, TLC did not continue
leasing such driver-employee to that trucking company client. In
that event, TLC attempted to lease such driver-employee to
another trucking company client. TLC frequently was successful
in reassigning a driver-employee from one trucking company client
that no longer wished to use such driver-employee to another
trucking company client. TLC also reassigned to another trucking
company client any driver-employee who no longer wished to work
with a particular trucking company client to which TLC had
assigned such driver-employee. If a driver-employee refused such
reassignment, TLC treated him or her as having voluntarily
terminated his or her employment with TLC and contested any
13(...continued)
such instances, TLC paid the trucking company client’s share of
such health insurance premiums and charged such premiums to the
trucking company client.
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