Iowa Court Rules Independent Contractor Classification is a Decision for the Jury
In the case of Ernster v. Luxco, the plaintiff sued for age discrimination when she was terminated from her employment and replaced by a younger worker. The plaintiff was hired by the company as a marketing rep and treated as an independent contractor. Since only employees can sue for discrimination (at least in Iowa) she argued that she was in fact an employee. In reviewing the facts the court said she just may be and that it is an issue for a jury to decide.
Here’s the point: The plaintiff comes very close to the definition of an employee even though she was treated like an independent contractor. Now the fate of this business is in the hands of lawyers and 12 people in a jury box! To read the case go to http://www.ca8.uscourts.gov/opndir/10/02/091200P.pdf.