Contractors

Over the past twenty-five years, many of the core functions of the military have been taken over by private military contractors (PMC). In many instances, service members leave the U.S. military to take positions with private companies, essentially doing the same things they were doing when they were in the military. Their military service may also be of use to oil or mining companies, shipping companies, or any other company operating in one of the world’s many conflict zones around the world.

 

Although these positions seem like they pay a lot more than the service member earned while on active duty, there are significant legal issues that arise in this type of employment. Often times, companies fulfilling military contracts or contracts with other companies, will rely upon non-U.S. citizens to perform these tasks. Violations of human rights and human trafficking laws are not uncommon.

 

Unlike military service, employment with PMCs is governed by private contracts. These contracts should be negotiated by an attorney experienced in contract law to make sure the employee is protected. Unlike military contracts, private contacts may be terminated arbitrarily—it is important to understand the laws that might apply in the event of an employment dispute.

 

Members of the military are governed by the Uniform Code of Military Justice (UCMJ) and protected by the laws of war and Status of Forces Agreements. If they are accused of a crime, they will, in most cases, be prosecuted in a miliary court-martial where they will have the protections of UCMJ (in addition to the U.S. Constitution). In the event of allegations of criminal conduct overseas, the military contractor may face charges in a foreign country, in a U.S. District Court in the United States (where sentences can be truly draconian), or potentially before an international court.

 

When a service member is injured on active duty, his medical bills will be paid by the military, and any subsequent disability with be determined by the military or the Veterans Administration. When a military contactor is injured, recovery for injuries can be confusing and difficult to access. For military contractors are working for a PMC that has a contract with the U.S. Department of Defense, he or she may be entitled to compensation under the Defense Base Act, a law that applies the longshoremen’s workers compensation statute to employees of U.S. Department of Defense contractors.

 

The representation of military contractors is a unique practice area, but we have the experience and expertise to represent you. Call us if you have any questions.