Employers: Relationship Test: Right to Fire
Howe
v. UEF [07/07/06] 2006 MTWCC 27
The power to fire is the power to control. American Agrijusters
Co. v. Montana Dept. of Labor and Indus., 1999 MT 241, ¶ 35,
296 Mont. 176, 988 P.2d 782. Where the claimant testified that he believed
the contractor had the right to fire him, although the property owner
also could have ordered him to leave the property, and where the contractor
did not dispute he could have fired the claimant, and where the evidence
indicated that the property owner had little or no control over whom
the contractor allowed to work on the project, the evidence supports
a determination that the claimant was the contractor’s employee. |