- 30 - The facts of the instant case do not support petitioner’s assertion that the exclusive lease agreement “had no effect on the duration of the drivers’ relationship” with a trucking company where TLC leased such drivers as driver-employees of TLC to such trucking company as TLC’s trucking company client. To the contrary, the exclusive lease agreement had a dramatic effect on such driver’s employment relationship. As discussed above, if a truck driver had previously performed services for a trucking company and if such trucking company became a client of TLC by entering into an exclusive lease agreement with TLC, such truck driver’s employment arrangement with such trucking company was terminated. Transp. Labor Contract/Leasing, Inc. & Subs. v. Commissioner, supra at 159. After a trucking company became a client of TLC and terminated the employment arrangement with any truck driver who had previously performed services for such trucking company, TLC had the sole and absolute authority to determine whether to hire such truck driver as a driver-employee. Id. at 164. TLC exercised that authority by, inter alia, requiring a truck driver, regardless of whether a trucking company client referred such driver to TLC as an applicant for the position of TLC’s driver-employee, to pass TLC’s screening and approval process before TLC decided whether to hire such truck driver as a driver-employee. Id. If TLC decided to hire a truck driver who had previouslyPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011