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to 15 percent of the truck drivers whom its trucking company
clients referred to it. TLC hired approximately 75 percent of
its driver-employees through referrals of trucking company
clients.
TLC had the right to, and did, direct and control the work
and conduct of each driver-employee. TLC exercised that right
through, inter alia, the driver-employee contract and the driver-
employee handbook (discussed below). TLC required each driver-
employee whom it hired to sign a document entitled “DRIVER
EMPLOYEE CONTRACT” (driver contract). Each driver contract
provided instructions for each driver-employee that required each
driver-employee, inter alia, to attend at least two safety
meetings per year, not to be under the influence of alcohol while
performing services for TLC, not to consume illegal drugs, to
complete any paperwork required by TLC or its affiliates, and not
to allow any personal, legal, or financial problems, including
attitude, to interfere with the performance of services for TLC.
If a driver-employee failed to comply with those instructions,
TLC could terminate such driver-employee’s employment.
When TLC hired each driver-employee, TLC gave such driver-
employee a truck driver handbook (TLC driver handbook). The TLC
driver handbook, which was incorporated into and made part of the
driver contract, contained TLC’s detailed instructions that it
required each driver-employee to follow with respect to, inter
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Last modified: May 25, 2011