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STRATEGIC OUTSOURCING v. AG WAREHOUSE

No. COA09-668.

693 S.E.2d 374 (2010)

STRATEGIC OUTSOURCING, INC., Plaintiff, v. AG WAREHOUSE & PACKING, INC., Defendant.

Court of Appeals of North Carolina.

June 1, 2010.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton LLP, by K. Edward Greene, Raleigh, Tobias S. Hampson, and Edward Eldred; and Howard, Stallings, From & Hutson, P.A., by John N. Hutson, Jr., Raleigh, and Russell W. Johnson, for defendant.

Robinson Elliott & Smith, by William C. Robinson, Charlotte, and Katherine A. Tenfelde, for plaintiff.

ELMORE, Judge.

Strategic Outsourcing, Inc. (plaintiff or SOI), is a professional employer organization (PEO), which is in the business of forming "co-employment" relationships with companies such as AG Warehouse & Packing, Inc. (defendant or AG). A contract known as a lease agreement is entered into between the PEO and the company where, depending on the contract's language, the PEO may administer personnel overhead such as payroll services, employment benefits...

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