- 16 - 3. Opportunity for Profit or Loss Respondent determined that petitioner paid the workers in cash every week. Although Ms. Rudd summarily disputed respondent’s determination, she provided no credible evidence of petitioner’s finances and expenditures for 2000 or 2001. In contrast, the deemed admissions establish that petitioner paid the individuals by the hour, week, or month for their services, that petitioner did not pay the workers by the job or on commission, and that the workers did not participate in the profit or loss resulting from their services. This factor favors an employment relationship. 4. Right To Discharge The deemed admissions establish that petitioner had the right to hire and fire each of the workers. Petitioner did not introduce any credible evidence to the contrary. This factor favors an employment relationship. 5. Petitioner’s Regular Business Ms. Rudd testified that the services performed at petitioner’s location during 2000 and 2001 were the same kind of services that petitioner offered in 1999. Petitioner’s regular business in 1999 was the operation of a muffler shop. PetitionerPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007