Fred drives a truck for Ted for which he has a CDL. Fred leases his truck from Ted, who pays him $200.00 per load. All truck expenses are paid by Fred. Ted requires that Fred haul 4 loads per day, 4 days per week. Each load takes 2 hours. Ted works only for Ted on a continuing basis. Fred negligently kills Felix while driving for Ted. Ted asserts that Fred is an independent contractor. Is he? Explain.

No, Ted is not correct in asserting that Fred is an independent contractor. This is because Fred meets the criteria of an employee rather than an independent contractor. An independent contractor has control over how they perform their work, provides their own equipment and pays for their own expenses. In this scenario, Fred is required to haul a specific number of loads and work specific days and hours set by Ted, suggesting a level of control that is typically associated with an employer-employee relationship.

Furthermore, Ted provides the truck to Fred, and Fred is paid a fixed amount per load. These factors indicate a certain level of control and an economic dependence on Ted, which further strengthens the argument that Fred is an employee. In addition, the fact that Fred negligently kills Felix while working for Ted further highlights the liability that an employer may have in such a situation.

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