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company entered into an exclusive lease agreement with TLC, such
trucking company terminated the employment arrangement that it
had with all of the truck drivers who previously worked for such
trucking company.
In the instant case, it is the nature, and not the duration,
of the relationship between a driver-employee and TLC and the
relationship between a driver-employee and a trucking company
client that determines whether TLC or such trucking company
client is the employer of such driver-employee.
On the record before us, we find that TLC’s leasing a
driver-employee to a trucking company client for which such
driver-employee had worked before such trucking company client
entered into an exclusive lease agreement with TLC is a neutral
factor in determining whether TLC was the employer of such
driver-employee.
Termination of the Employment of a Driver-Employee
Petitioner contends that, without exception, the trucking
company client made the decision to terminate the employment of
any driver-employee whom TLC leased to it. Petitioner points out
that each trucking company client was in the best position to
evaluate each driver-employee’s performance and therefore to
decide whether to terminate the employment of a driver-employee.
Respondent counters that the exclusive lease agreement
provided that TLC, and not each trucking company client, had the
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