Colorado Mufflers Unlimited, Inc. - Page 16




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               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.  Petitioner           












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