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.