contractor status. In re FedEx, 869 F.Supp.2d at 986 (citing McDonnell v. Music Stand, Inc., 20 Kan.App.2d 287, 886 P.2d 895, 899 (1994)). FedEx maintains it cannot unilaterally terminate its relationship with Plaintiffs; rather, FedEx can only terminate the OA without the contractor’s consent in limited circumstances, such as if the contractor breaches the terms of the agreement. (OA, ¶¶ 3(a), (b), 12.1, 12.3). Further, if a contractor disputes his termination, the OA provides that the dispute can be submitted to arbitration. (OA, ¶¶ 12.1, 12.3) FedEx observes that Missouri courts have found that less restrictive termination provisions favor independent contractor status. (Consol. Opp., p. 30, citing Kirksville Pub’g Co. v. Div. of Emp’t Sec., 950 S.W.2d 891, 899 (Mo.Ct.App.1997) (<HOLDING>)). Plaintiffs argue that even though the OA
holding that the right to discharge factor supported contractor status even though the company was only required to provide thirty days notice to discharge a motor carrier holding that where the immediate cause or motivating factor of a discharge is the employees assertion of statutory rights the discharge is discriminatory under section 215a3 whether or not grounds for other discharge exist recognizing tort of wrongful discharge holding that cogsa controls shippers claim against carrier even though the purported fraud or negligence is alleged to have occurred prior to loading or subsequent to discharge holding that an atwill employee may have a cause of action for wrongful discharge when the reason for a discharge was the employees exercise of a right conferred by a wellestablished legislative enactment