Again, where does X testify they are your business partner?
3 contracors 1 terminal good or bad "ISP" ?
- Thread starter maxomega2002
- Start date
Again, where does X testify they are your business partner?
A rose by any other name...
I guarantee if X ever calls themselves a contractor's customer and legal gets hold of it, there will be some management personal looking elsewhere for employment.
Guarantee? Legal created this defense. Since Google is your friend, look up California case and any NLRB case......and try to do this, read.it's right their in the testimony. Guaranteed.
Can't? Their position is...they are the shipper (customer) to your (cough, cough) business, same as their customers who ship with them......or else they would be on the hook for any lawsuits pertaining to an accident your employee was involved in (joint employer).
Joint employer actually has some possibility of merit. Of course that would lend some legitimacy to the contractor status since there are in fact two employers of the driver, X and the contractor.
Legitimacy to contractor status? Haha. There is only really one employer, the one who has final say on who does the job. And AmbASSador, who would that be?
I thought you brought up "joint employer". What do you think that means?
I know what it means, how would it lend legitimacy to contractor status when your employer insists you're are an " independent business"? Yet you don't have final say on your hired help, but, your employer does. Or are you trying to say that is the "partnership"?
It will be fine
Well-Known Member
Define "final say." I hire and fire drivers, FedEx checks their piss and background. If I say they're fired, they are gone, nothing fedex can do about it.I know what it means, how would it lend legitimacy to contractor status when your employer insists you're are an " independent business"? Yet you don't have final say on your hired help, but, your employer does. Or are you trying to say that is the "partnership"?
If fedex says you can't hire them because of some minor infraction in their past YOU can't hire them even if you want to.
And as far as 'contractor' status- you are totally dependent upon fedex for your income, and fedex is entirely dependent on you. That relationship is indicative of employment status, especially when taking the long term nature of the relationship into account.
It will be fine
Well-Known Member
Motor carriers are allowed to dictate minimum qualifications for drivers. This is settled law. It's never even brought up in lawsuits. You guys seem to think that argument supports your case, it doesn't. It's not even debatable, there's no gray area, you're just wrong.
Are motor carriers also allowed to audit payroll?
"Motor carriers are allowed to dictate minimum qualifications for drivers. This is settled law. It's never even brought up in lawsuits. You guys seem to think that argument supports your case, it doesn't. It's not even debatable, there's no gray area, you're just wrong."
But those drivers don't work for fedex. You are supposed to be the carrier. Fedex Ground has said so claiming that they are in the business of arranging deliveries, not making deliveries. Again, fedex wants it both ways- they want control over drivers, but claim they aren't in the delivery business, since they make no deliveries themselves. You can't even see the hypocricy.
But those drivers don't work for fedex. You are supposed to be the carrier. Fedex Ground has said so claiming that they are in the business of arranging deliveries, not making deliveries. Again, fedex wants it both ways- they want control over drivers, but claim they aren't in the delivery business, since they make no deliveries themselves. You can't even see the hypocricy.
Fedex testified in an Oregon courtrooom, and probably in the MDL that drivers were partners. They even claimed that they shared the customers.
No answer?
STFXG
Well-Known Member
Why wouldn't they be able to if they made that part of the contract? No ones forced to sign.
It will be fine
Well-Known Member
I just don't care. I've addressed your issues before. Your old, bad arguments just aren't very interesting. Plenty of agencies have access to all my payroll records. It doesn't bother me and I agreed to allow fedex to see them by request.
You agreed or did you have no choice.
leaving is not a choice?
