Employee against independent contractor

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Reference no: EM1375949

Employee against Independent Contractor. Mr Stephen Hemmerling was a driver for the Happy Cab Co. Hemmerling paid certain fixed expenses as well as abided by a variety of rules relating to the use of the cab the hours that could be worked as well as the solicitation of fares among other things. Rates were set by the state. Happy Cab didn't withhold taxes from Hemmerling's pay. While driving the cab Hemmerling was hurt in an accident and filed a claim against Happy Cab in a Nebraska state court for workers' compensation benefits. Such benefits aren't available to independent contractors. On what basis might the court hold that Hemmerling is an employee? Explain.

Reference no: EM1375949

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