No$.14-1430$

Keller v$.$ Mifri Microsystems

Page $16$

install the dishes. A jury could therefore find that Miri controlled Keller's job performance through its initial training and hiring practices.

Moreover, Miri monitors the quality of installations remotely. HughesNet and RS&I require Miri to submit reports, documenting when technicians start and finish the installation or repair work. In turn, Miri mandates that technicians must submit those hours through WARP. Miri also requires that technicians take photographs of the installation and send those photos to HughesNet and RS&I along with the other post$-$installation paperwork. Keller stated that he felt pressure to submit paperwork to Miri as soon as possible.

In addition, Miri guarantees the quality of technicians' performance. HughesNet and Miri warrant that the technician would return to the customer's home to fix any problems within thirty days of the installation. If a customer complains within the warranty time period, then the technician must return and fix the satellite dish without any additional compensation.

Moreover, Miri controlled the amount customers paid Keller$-$and ultimately Miri$-$for installations or repairs. Miri told Keller when to collect additional fees from customers and how much to charge.

Regardless of thi$$ mechanisms of control, Keller made some decisions free from Miri's control. Miri did not object if Keller or any other technician rearranged their schedules to create the most convenient driving route. Miri stated, however, that had Keller missed appointments or arrived late routinely, then Miri would have severed ties with him. Miri did not require that Keller wear a uniform with Miri's or HughesNet's logo$.$ When it came to how to complete every installation job, Keller was free to assess the customers' needs and respond accordingly without checking with Miri so long as the installation met HughesNet's specifications. Finally, Keller independently decided to bring Kyle and Mrs$.$ Keller on some installation jobs to keep him company and improve his efficiency.

There are genuine facts in dispute about whether and how Miri could discipline Keller. Miri asserted that the company has never disciplined a technician. Customers who were unhappy with an installation or repair would submit feedback to HughesNet, HughesNet would contact Miri, and then Miri would relay the complaints to the technicians. In these