Fedex Wins? REALLY?

fdx

Member
abc determines employee status on a state level some are right to work states which is a different set of standards
there are other gray areas where this judge
can rule in fedexs favor but he sent back 16 suits back to the original state because he knew fedex was going to have a difficult time winning. he also gave illinois summary judgement in th drivers favor.
 

bbsam

Moderator
Staff member
there are other gray areas where this judge
can rule in fedexs favor but he sent back 16 suits back to the original state because he knew fedex was going to have a difficult time winning. he also gave illinois summary judgement in th drivers favor.
And do you know what happened in Illinois after that ruling?
 

fdx

Member
as of yet fedex has not appealed the ruling but smart money says they will but this judge miller is
hardly ever overturned . fedex is going to win some lose some but as it looks they are going to do a
lot better than anybody expected
 

MrFedEx

Engorged Member
And do you know what happened in Illinois after that ruling?

How long do you think it will be before the ISP Model is legally challenged? If FedEx (the corporation) continues to exert more control in the pursuit of a vastly improved Ground, how does that square with a contractor being "independent"? You and I both know who pulls the strings. The line between employer/employee and employer/non-employee is open for interpretation and if FedEx keeps pushing for more, someone might decide that they are "employers" who have "employees".
 

FedExer267

Well-Known Member
There are many in my building that feel we are employees. They set are pick up schedules, call us all day long to make another attempt or find out why package wasnt delivered. They call us when we 12 something (bad address) with correct information telling us we need to go back. Yell at us when we wear our own personal jackets because we dont have one and tell us their customers need to see FedEx when we deliver. They make us go to their safety meetings. Their new one is pulling stuff off of someones route and giving it to you because your faster. They threaten our jobs when we say something they dont like. They follow us around to make sure we are working correctly.They go on ride alongs with us. My personal favorite they send home preload before their job is done and we are stuck loading are trucks (more free labor) They send us in for random drug testing and they come to us every morning with a report on what we did they day before and go over it with us if we had to many 04's (closed business).

Who do we work for?
 

bbsam

Moderator
Staff member
as of yet fedex has not appealed the ruling but smart money says they will but this judge miller is
hardly ever overturned . fedex is going to win some lose some but as it looks they are going to do a
lot better than anybody expected

It was a probing question and judging by this answer I would say that fdx is a little late to the discussion and quite frankly is making things up.
 

fdx

Member
uh sam go to the justia website and look up the cases and read the opinions of judge miller make up your own mind.
 

bbsam

Moderator
Staff member
uh, fdx I don't need to look it up. I'm a contractor in Illinois. Fedex is not challenging the ruling. They are adapting to it (ISP model) just like they did in Massachusettes and Vermont.
 

fdx

Member
by the way sam did you get a check yet? since we all seem to be in the same boat i would love
for you to say you did.
 

MrFedEx

Engorged Member
I think you are making up the idea that Fedex will appeal the ruling.

You were too busy shopping for that SRT-8 to answer my question. Do you think the ISP model will eventually be challenged due to the fact that FedEx seems to be exerting even more control than ever over it's "non-employees"? I can see it happening.
 

FedExer267

Well-Known Member
Its already being talked about. It dosen't matter what you call it the fact is the management in the building runs you. Thats what FedEx apparently dosen't get you can call us what ever you want the fact of the matter is if we are not your employees stop running us like we are. There should be NO reason they come to us for anything that should be done by the contractor.
As long as people feel they are paying the bills to run a multi billion dollar company FedEx will have issues. The funny thing is I was talking to my Contractor one day and I asked him straight up do you feel like you run your own business his response hell no.
 

MrFedEx

Engorged Member
Its already being talked about. It dosen't matter what you call it the fact is the management in the building runs you. Thats what FedEx apparently dosen't get you can call us what ever you want the fact of the matter is if we are not your employees stop running us like we are. There should be NO reason they come to us for anything that should be done by the contractor.
As long as people feel they are paying the bills to run a multi billion dollar company FedEx will have issues. The funny thing is I was talking to my Contractor one day and I asked him straight up do you feel like you run your own business his response hell no.

Yep, and I think that's why bbsam doesn't want to discuss it. It's totally smoke and mirrors when it comes to who really runs the show over at Ground. How can a corporation have complete control over someone and classify them as a "non-employee"? If contractors were truly "independent" they could direct their drivers to show-up at the building whenever they wanted to. If FedEx says the belt starts at 0600, then why should the drivers have to be there at 0600? As long as the work gets done, it shouldn't matter. Let's say I decide to send everyone to the FedEx facility at 1100. Shouldn't FedEx be OK with that? After all, I'm an independent businessman and I run my business the way I see fit.

But no, that isn't quite the case, is it? As I've said many times before, the contractors are the window dressing that skim a bit of cream off the top of the scam. Fred pockets the rest.
 

FedExer267

Well-Known Member
Like I said in a earlier post I was getting ready to leave the building last week I had a 125 stop day. FedEx stopped me made the decision to pull stops off another driver and give to me because he cant get 90 stops done in 14 hours and I am much faster.
Contractor had no say in this. My Contractor then came to me and said do your route first including pick ups. I work as directed so thats what I did lets put it this way I got his resi stops off but unfortunatley his business was closed when I got there.
They should have no say in what I do that should be left up to the contractor. Yes I go out and bust my butt everyday and it is simply because I get paid for 8 hours and if I work 10 I feel a hell alot better than if I worked 14.
The next day they were upset because I didnt finish I said to them I worked as directed by my boss. Then they felt inclined to tell me I had a piss poor attitude and should be lucky I had a job. Thats what you get at Ground when you work as directed by your boss because your not working how FedEx wants you too.
 

FedExer267

Well-Known Member
Oh and a side note They actually complained about a 30 minute area in my report that day where there was no activity I simply stated I was passing a burger king and they make a hell of a whopper.
 

FedExer267

Well-Known Member
You know MFE thats a question I ask all the time. I to have kept a journal as well and I have alot of intresting things in there. I have even contemplated writing a book just because. I was thinking about the title FedEx Ground American job or modern day sweatshop.
 

MrFedEx

Engorged Member
You know MFE thats a question I ask all the time. I to have kept a journal as well and I have alot of intresting things in there. I have even contemplated writing a book just because. I was thinking about the title FedEx Ground American job or modern day sweatshop.

There's no question that the whole Ground deal is structured to screw the non-employee as much as possible in order to create low operating costs. That's the only reason FedEx bought RPS in the first place instead of creating something in-house from scratch. If you think about it, that's where the real savings come from. When a corporation can get away with an average wage of around $11 per hour with zero benefits, they've pulled-off a scam of major proportions.

Once the economy improves, I hope that most drivers just leave and find real jobs. It will be interesting to see how Ground responds when there is no longer a large pool of people willing to be abused.
 
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