Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees called to active military service are entitled to return to their jobs.
That’s not true of independent contractors. But they must really be independent contractors.
Recent case: Andrae Evans, a member of the New York Army Air National Guard, was working for MassMutual when he was called to active duty in Iraq. Two years later, he was released from duty and reapplied, demanding a promotion he claimed he would have earned if he hadn’t served. MassMutual refused and Evans sued.
MassMutual argued he had signed an agreement saying he was an independent contractor. The court said that wasn’t enough and wanted proof that Evans was really not an employee. (Evans v. MassMutual, No. 09-CV-6028, WD NY, 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Hair today or gone tomorrow: It's up to employee to mention religion
- Lawsuit: Denton elder care routinely biased against men
- During lawsuit, don't inquire about worker's immigration status
- Rutgers settles race bias case with maintenance workers