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YELLOW CAB NELSON Company

NELSON Dennis, deceased employee, gradually through his estate, defendant, v. YELLOW CABIN COMPANY, employer and traveler property insurer, freight forwarder, claimant. A document of reconsideration of the statement of the Court of Appeals in Nelson v. Yellow Cab Co., 343 S.C. 102, 538 S. E. 2d 276 (Ct. App. 2000) has been made out.

Nelson, a taxi cab for Yellow Cab, was killed riding his taxi on January 6, 1998. The sole inspector decided that Nelson was an impartial agent who was not eligible for services; the Full Fee was cancelled at the and Nelson was an associate. The District Court overturned the full fee and found him as an unrelated agent; the District Court overturned the District Courts at the discretion of the District Attorney's Office and found that Nelson was a worker eligible for damages.

Nelson and Yellow Cab's relations, as determined by the Court of Appeal, were as follows: In 1995 Yellow Cab recruited Nelson as a part-time cabbie. While working at Yellow Cab, Nelson progressively raised the number of layers in which he worked. Nelson also worked as a postman.

Yellow Cab Nelson left on 6 January 1998 to collect a US North Charleston customer for transportation to the West Ashley region. Nelson was killed, apparently by the occupant. The only issue to be clarified in the appeals is whether Nelson was an associate or an impartial agent of Yellow Cab at the point of his deaths.

The Yellow Cab demands that cab riders apply for work. I am hereby certified that although I am driving a cab belonging to Yellow Cab Co. and/or run by Yellow Cab Co. , I am in no way affiliated with the company: that I do not get any remuneration or other indemnity from the firm, and that my only economic relation with the firm is to cover the rental of the cab I am driving, to cover the fuel I use during my shifts, and to give the cab back in good order at the end of my shifts with all keys and devices.

Considering the cost of my education and briefing, I accept and accept that I need to travel a Yellow Cab Co. corporate vehicle and not a Yellow Cab Co. contract vehicle for at least six month after my briefing. Riders must complete the form before they can work for Yellow Cab.

Contrary to the relation stated in the claim document, Yellow Cab controls the behaviour of the cab rider and the way the riders do their job. Yellow Cab's "Driver Information and Training Package" contains a number of guidelines and instructions for riders. Although there is no uniforms for the riders, Yellow Cab prescribes a clothing policy that prohibits buttonless and/or sleeve-less clothing and requires a tidy outfit.

In addition, Yellow Cab charges a fixed ticket according to the tariffs established by the City of Charleston, and the driver must carry four persons at the cost of one ticket. Riders are required to use a Yellow Cab counter as distinct from an Ever Ready Dispatch or Flatrates.

Yellow Cab is the only cab operator in the region that uses taximeters to determine prices for taxis. Yellow Cab admitted that the non-use of a Yellow Cab counter by a rider is a reason for scheduling. Riders are bound by the Yellow Cab regulation, which prohibits riders from carrying non-paying guests ("deadheading").

Yellow Cab acknowledged that the deadheading by a rider was cause for dismissal. Yellow Cab may terminate a cab rider for a number of other reasons, including: ?and a gun of any kind in the cab; ?and or the use of narcotics while the cab is running; ?and for the delivery of parcels; and for a wrongful request.

Yellow Cab admitted that for some damn cause, it could fire a rider. As a rule, riders keep their ticket prices. However, Yellow Cab pays riders in specific driving conditions where a rider collects a specific ticket price or parcel, a green pass is provided by the firm requesting the collection, and the rider turns the pass into Yellow Cab for cash.

These clients are bank accounts that are directly settled by Yellow Cab. The Yellow Cab does not retain taxation from drivers' fare nor does it issue W-2 or 1099 form to riders. Nelson has included its cab rates as individual business revenue in its IRS. Riders rent their Yellow Cab cabs and pay for either twelve or twenty-four hours of shift work.

Nelson rented his cab for 24-hour shift at $79 a pop. Yellow cabs are marked and yellow varnished. Yellow Cab provides the transceiver and the use of the dispatcher for this. Driver paid for their own petrol. Some of the insurances are taken over by the driver and the repair of the vehicle is carried out by the enterprise.

Riders choose the number of working times they want to work during the 24-hour shifts. Wherever a cab rider check-in, he must have the transceiver switched on and react to theispatcher. Yellow Cab allows motorists to make "holidays" by paying in the shape of Yellow Cab, which provides a motorist with a motor home without any leasing charges.

Once the driver has paid the leasing charge, he or she has the right to use the taxis personally if he or she has not registered at the time the car is used. The night Nelson was killed, Nelson was sent by a Yellow Cab dispatching man to collect the ticket. Was the Court of Appeal mistaken and decided that Nelson was an associate of Yellow Cab rather than an impartial agent?

Whether An employed person is an employed person or an impartial subcontractor is a factual issue that is solved by the application of certain defined policies. "The general examination is that of inspection by the employers. It is not the effective supervision that is then carried out, but whether there is the right and the power to supervise and manage the work or company in question in terms of the way in which it is carried out or the means by which it is carried out.

The Young Court declared Id. at 189, 165 S. E. 2d at 802. There are four items that define the right of control: and) ?and ) providing proof of right or right of inspection; ) providing facilities; and ) right to fire; and 4 ) paying means. However, these determinants can only be traced back to the right of scrutiny.

A number of courts have found, in certain situations, that taxi operators are not workers within the meaning of the Staff Regulations to compensate workers. The decision today will depend on a verification of the actual circumstance affecting Yellow Cab's right to monitor the way in which Nelson served its cab. Among the concrete facts presented, we concur with the Court of Appeal that Yellow Cab maintained adequate levels of scrutiny to justify the finding that he was an associate.

Yellow Cab claims that there was a lack of oversight over Nelson and claims that once Nelson payed his $79.00 a night rent, he could work as little or as much as he wanted, and he could take the cab and take it wherever he wanted. While these facts show that Yellow Cab had little discretion over Nelson's destination, when and where he drove his taxi, the records amply show that Yellow, when and if Nelson decided to take his taxi, had the right to monitor the methodology and means.

Nelson was requested by Yellow Cab to use its counter on all journeys other than fee account and/or approved package journeys; he was not entitled to bill "packages" other than plantagen journeys. Yellow has also set the tariffs to be calculated. He was forbidden by corporate regulations to drive on the wharves and pick up people at the airports.

He was obliged to observe the corporate clothing regulations during the journey, among them no sleeve-less blouses, no flip-flop boots and no loose button blouses. He was obliged to keep a correct manifesto record and was forbidden to carry arms in the vehicle. Yellow Cab had certain guidelines and practices that riders had to adhere to when they were sent to a debit bank account, and established certain minimum rates.

Riders were given'days off' and'days off' if they drove a reasonable number of nights and were obliged to take taxis for maintenance and to draw all their petrol from the 'point'. "They were also obliged to notify casualties and were not allowed to "steal", "long-mix" and "freeze".

" According to Yellow Cab's executive director, Kenneth Halley, when Nelson was working for her as a taxi cabbie, he had to turn on his walkie-talkie and react to theispatcher. They were not permitted to be asleep on the job and were sent home for the rest of the shifts to get some rest if they did.

Yellow Cab did all the promotion for the driver, and Nelson received visiting card with the name of the corporation. Yellow Cab also received the Yellow Cab Trade Licence, which entitles his driver to drive a cab in Charleston. 4 Yellow Cab maintains a driver's cab policy (included in drivers' leasing payments).

Appeals court rightly found that this element tends strongly in favour of Yellow Cab's determination of a right of scrutiny. Though Nelson was paying a $79. 00 per capita rental charge on this item, the cabins were delivered by Yellow Cab. They had to have the Yellow Cab carry out the service and change the oils and get throttle from Yellow Cab.

Yellow Cab had the right to cancel Nelson for a number of grounds, namely: www. nelson.com and drivers, too many crashes, undelivered parcels, non-compliance with clothing regulations.

Yellow Cab had the choice to take him as rider. Yellow Cab's Halley executive said that if Nelson was found to be calculating a Flat instead of a Metre charge, deadheading, wearing a gun in a taxi, or not complying with Yellow Cab's policies and requirements, it would be a reason for dismissal.

Yellow Cab was also free to choose not to rent a taxi to Nelson at any moment. Besides the right to fire, Yellow Cab had the right to punish him for "long mix", "freezing", "deadheading", "theft of calls", collecting phone calls at the Navy bases, denying to take charges, sleep on racks, abusive words and/or common speech, and non-delivery of parcels.

The Yellow Cab quotes the Ray Covington speech on the grounds that "[w]hile the forth element, the right to fire, here prevails in favour of a statement that chewing is an employed person, the fact that chewing thought that the plaintiff on appeal could fire him is not incompatible with the plaintiff's right to end the contractorship.

As mentioned above, Yellow Cab's right to cancel Nelson went far beyond the right to cancel an individual contract. Yellow Cab is a good choice for this reason. As soon as Nelson had payed his $79.00 a Day, he was allowed to keep all the fare he had purchased during the course of the trip.

Certain clients had an "account" with Yellow Cab and riders could pick up their tickets directly from Yellow Cab. A certain amount of minimal travel was also provided in the case of "idling", i.e. when the ticket price did not show up at the scene. Yellow Cab didn't give him W-2s or 1099s.

Even though this weighed in favour of Yellow Cab, he had some oversight over the payments as he prescribed the sums Nelson could demand for fare and demanded that he use one metre. Cab driver were also kept as salaried workers for the purpose of receiving Arbeitslosengeld and/or soziale Sicherheit.

As, which was listed by Yellow Cab, North Carolina has kept taxi riders who are not salaried workers but rather freelance contractor. However, unlike South Carolina's four-point test for determining staff health, North Carolina uses an eight-point test. However, Driver was obliged to have his own driver's license. Moreover, in contrast to the present case, the brokers in Covington provided all their own advertisements and did not receive any holidays.

Others have found that riders are salaried regardless of tenancy.