Question
2. Brad began working at Lay-Z-Guy in 1981 as a customer service manager. In 1995 his employer started requiring him and other salespeople to sign
2. Brad began working at Lay-Z-Guy in 1981 as a customer service manager. In 1995
his employer started requiring him and other salespeople to sign a series of one-year
agreements that stated they could be terminated on 60 days' notice. Three years
later it required Brad to incorporate, and from that point forward, the agreements
were between Lay-Z-Gufy and Brad's corporation. The agreements defined Brad, and
later his corporation, as an "independent marketing consultant" and expressly stated
that the relationship was not one of employment, but rather of an independent
contractor-principal. Brad paid for his own office space and remitted his own income
taxes and workers' compensation premiums. At the same time, Lay-Z-Guy set prices,
territory, and promotional methods and Brad was limited to servicing Lay-Z-Guy
exclusively. In 2003, Lay-Z-Guy terminated the agreement with 60 days' notice. Brad
sued for wrongful dismissal damages, alleging that he was an employee.
What arguments could Brad make to support his position that he was an employee?
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