No. USERRA does not provide protections for an independent contractor.
In deciding whether an individual is an independent contractor, the following factors need to be considered:
The extent of the employer's right to control the manner in which the individual's work is to be performed;
The opportunity for profit or loss that depends upon the individual's managerial skill;
Any investment in equipment or materials required for the individual's tasks, or his or her employment of helpers;
Whether the service the individual performs requires a special skill;
The degree of permanence of the individual's working relationship; and,
Whether the service the individual performs is an integral part of the employer's business.
No single one of these factors is controlling, but all are relevant to determining whether an individual is an employee or an independent contractor.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.