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sole and absolute authority to terminate the employment of each
driver-employee.
We have found that TLC had the sole and absolute authority
to terminate each driver-employee’s employment with TLC. Peti-
tioner’s argument confuses a trucking company client’s right to
decline using a particular driver-employee whom TLC wanted to
lease to it with the termination by TLC of such driver-employee’s
employment with TLC. Petitioner’s argument also ignores that TLC
frequently was successful in reassigning a driver-employee from
one trucking company client to another trucking company client.
That a trucking company client did not wish to use a particular
driver-employee did not mean that TLC terminated such driver-
employee’s employment with TLC. TLC could have reassigned, and
frequently did reassign, such a driver-employee to another
trucking company client.
On the record before us, we find that TLC’s sole and abso-
lute authority to terminate each driver-employee’s employment
with TLC is a factor evidencing that TLC was the employer of each
driver-employee.
Opportunity for Profit and Risk of Loss
Petitioner argues that TLC’s opportunity for profit was
“from its payroll and payroll-related services.” Petitioner also
points out that each exclusive lease agreement contained an
indemnification provision (indemnification provision) which
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