Question: Bob was a driver for the Private Bus Co. and worked solely for that company. Bob paid the required fixed expenses for the company's bus
Bob was a driver for the Private Bus Co. and worked solely for that company. Bob paid the required fixed expenses for the company's bus drivers, and abided by and followed all of the rules and controls that Private Bus Co. requires of its employees, including those related to use of only Private Bus Co. buses, required work scheduled, charging riders the exact Private Bus Co. fare. Bob also received the same pay as the other Private Bus Co. employees. The bus fare rates charged to riders and taxes were set by the state. Private Bus Co. had not withheld taxes from Bob's pay during his whole time at the company although they controlled his behavioral and financial activities.
While driving the bus, Bob was injured in an accident so he filed a claim against Private Bus Co., in the state court for workers' compensation benefits as an employee. Private Bus Co. claimed that such benefits are not available to independent contractors like Bob. However, Bob contested that he is indeed an employee of Private Bus Co, not a contractor based on how Private Bus Co. treated him.
Is there any basis/criteria for the court to use and uphold that Bob can be considered an employee of Private Bus Co.? Explain.
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In determining whether Bob can be considered an employee of Private Bus Co the court may consider several factors to establish the nature of the emplo... View full answer
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