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Junior has worked as a delivery driver for Pizza Pizza Pizza Inc. for two years delivering pizzas and other food items using his personal automobile with a prominent sign saying "Pizza Pizza Pizza" on top of it in bold letters. One day, after completing a delivery and on the way back to the company to pick up more pizzas, Junior stopped at a gas station to fill up the car. Once he had finished filling the car he went into the store to pay (it was a small town store that still allowed him to pay after filling up rather than before). On his way into the store, Junior stepped into what he thought was a water puddle, but instead was an oil slick, causing him to slide and fall, breaking his right wrist. Once he was inside he walked up to the register, when he realized that there was a person there who was robbing the store, as the robber turned he demanded Junior's money taking his wallet and the money that he had just received from the previous delivery. Junior stayed and made a report to the police telling them about his stolen wallet, but in the confusion did not report the missing money taken from the delivery. After this no good, terrible day, Junior decided to quit the pizza delivery business and called his employer to tell them that today would be his last day. He then drove to the emergency room where he was treated for a broken wrist. Without knowing anything else about the nature of Junior's employment agreement with Pizza Pizza Pizza, answer the following questions
Was Junior an employee of the company or an independent contractor? What additional information would be useful in making this determination.
Discuss any potential liability for Pizza Pizza Pizza.
Discuss any duties owned by Junior to Pizza Pizza Pizza and whether or not he had met his duties.
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