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National Litigation Hotline
Employees of Third-Party Employer Not Entitled To Retroactive Benefits
The Fifth Circuit recently held that workers who performed services for Mobil Corp. while on the payroll of third-party companies were not entitled to retroactive employment benefits. MacLachlan v. ExxonMobil Corp., 2003 WL 22508859 (5th Cir. Nov. 20, 2003).
Prior to the merger of Mobil and Exxon Corp. in 1999, John MacLachlan provided services for Mobil Corp. for 11 years as an electronic technician. However, he was directly employed during that time by an outside contractor. (Several other plaintiffs were similarly employed by third-party companies while working for Mobil.) All were considered by Mobil to be independent contractors or employees of the third parties.
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