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Joe D is clearly an employee because:
1.He has been working for the truck company for 12 years.
2. The Union is for employees only and can not represent independent contractors, if joe hires employees then the employees can be in the union if they vote for it. Independent contractors are managing themselves, unions can not represent management.
3. The truck company will be fined and they are completely responsible for all the employee taxes, fines or fees for Joe d. The truck company knows better.
4. The feds have no case against the union, because joe d is an employee. The union made no error and its pension fund is safe from the feds in this case.
If Joe could prove he was an independent contractor with his own company then Joe should file a lawsuit against the federal government on the basis of the right to equal justice: example, the day our government loaned monies to private companies (auto companies, banks)for bail out this act violated our governments own laws that are now being applied to Joe in this case. example if Joe owned his own company then if he was going broke could he get the same bail out money? NO. Joe would have to file a bankruptcy. The private companies should of filed for bankruptcy just like everyone else. Joe would have an excellent case because our own government has enforced our laws on all of its citizens for 3 centuries now when it comes to certain friends (GMC, insurance groups, stock companies)they were all given money, and exempted from the same Laws that are now being enforced against Joe? very sad. The problem is joe is an uneducated truck driver and clearly does not have the funds to sue his government. very sad.
5. just by having management that can make decisions over joe, proves joe is just an employee.