Time Commitments

bbsam

Moderator
Staff member
If he's driving and kills someone, while on break, do you think FedEx is going to step up and have their lawyers represent him? Both FedEx and he will be sued. FedEx will settle but I find it very hard to believe he has the clout to settle out of court or drag the process on until the other side runs out of money.

He stated that if he takes a break, it forces him into overtime he doesn't want. Why would it force him into ot? You're still working the same amount of hours with a rest period. There is absolutely no reason not to take your break and there's absolutely no reason to work while you are supposed to be on a rest period.
There is a DOT number on the side of the truck. End of story.
 

AB831

Well-Known Member
Had a courier at our station have a bicyclist run into her as she turned a corner. The bicyclist sued. The courier was informed by FedEx that if she was found doing anything outside her defined duties, or her phone was activated at the time, that the company would not defend her and that she would need to retain her own attorney.
I definitely agree with your suggestion for me to be more cautious, but this particular example sounds more like a scare tactic from FedEx than anything. Unless the biker was wearing a GoPro or there were witnesses present, it would be impossible to find the FedEx driver guilty of any misconduct. And even if she was videotaped texting and driving, the bloodsucking lawyer isn't going to waste his or her time on an hourly employee who's trying to feed her family. The lawyer is going to go straight for the billion dollar company she represents. I'm not saying that I would want to put this theory to the test or anything, but I just think it looks like FedEx trying to flex their muscles.
 

OrioN

double tap o da horn dooshbag
I would have fired the driver for violating the social media policy of my company.


Oops, what does that state? Just curious since there are some FXG drivers on YouTube, not informed of that policy & would have to be informed thru the comments section.

I know about not recording anything inside the building, but they're allowed to vlog while on route?
 

Bingo

Well-Known Member
Do you know if you have an accident while driving and you’re on your break, technically, you’re not on the clock and that could be a huge problem for you if Fedex chooses it to be?
That is a fallacy that managers told couriers years ago. Before the powerpad we were able to scan packages and deliver while we put our break in. So to discourage that behavior they said if you were driving during your break then anything that happens was you responsibility. Once the first powerpad came out, that eliminated scanning during break time. Also when the first gap report came out they found out certain couriers had gaps of 10 - 20 mins before and after lunch breaks. When questioned the old time couriers stated that was the time it took to get to their favorite lunch place and back to their route Mangement quickly made clear that your driving to lunch should be part of your break.Therefore any accident while you are in a Fedex truck would be treated the same on a break or not.
 

It will be fine

Well-Known Member
Oops, what does that state? Just curious since there are some FXG drivers on YouTube, not informed of that policy & would have to be informed thru the comments section.

I know about not recording anything inside the building, but they're allowed to vlog while on route?
I would guess many contractors don’t have their own policy. Mine states a driver can’t post anything on social media from when they are on duty or in uniform. I don’t encourage video taping customers not much good can come of that.
 

AB831

Well-Known Member
That is a fallacy that managers told couriers years ago. Before the powerpad we were able to scan packages and deliver while we put our break in. So to discourage that behavior they said if you were driving during your break then anything that happens was you responsibility. Once the first powerpad came out, that eliminated scanning during break time. Also when the first gap report came out they found out certain couriers had gaps of 10 - 20 mins before and after lunch breaks. When questioned the old time couriers stated that was the time it took to get to their favorite lunch place and back to their route Mangement quickly made clear that your driving to lunch should be part of your break.Therefore any accident while you are in a Fedex truck would be treated the same on a break or not.
Exactly. That's not a license to throw caution to the wind, but there's no way the company is absolved from any blame due to an accident that happens while the employee is on break. What if you're parked in the sun eating your ham sandwich and decide you want to move into the shade? If the throttle hangs and you go through a storefront window, you're completely on the hook for it legally because you typed in a FedEx break code? I don't think so. FedEx rules aren't law.
 

OrioN

double tap o da horn dooshbag
from when they are on duty or in uniform


Ah, so that's why that one person was targeted by FXG to have his subcontractor find a way to fire him (cThompson)

Apparently, those other drivers vlogging on YouTube doesn't know either.

In that particular case, the video backs them up along with their story.

Yeah, I've experienced racism still out there in this day/age. Not as much in my new area since it's a melting pot
 

Fred's Myth

Nonhyphenated American
I definitely agree with your suggestion for me to be more cautious, but this particular example sounds more like a scare tactic from FedEx than anything. Unless the biker was wearing a GoPro or there were witnesses present, it would be impossible to find the FedEx driver guilty of any misconduct. And even if she was videotaped texting and driving, the bloodsucking lawyer isn't going to waste his or her time on an hourly employee who's trying to feed her family. The lawyer is going to go straight for the billion dollar company she represents. I'm not saying that I would want to put this theory to the test or anything, but I just think it looks like FedEx trying to flex their muscles.
FedEx subpoenaed her cell phone records.

They’re serious, not bluffing.
 

59 Dano

I just want to make friends!
Ok, you keep giving a multi billion dollar company free labour. I'm sure that half hour you're giving them really makes a difference in your day.

You bitch about management and dra yet you don't realize you're your own worst enemy.

Giving up 2.5 hours of OT pay a week. Crazy.
 

59 Dano

I just want to make friends!
What’s it to you what I choose to do with my time? I don’t live for this job. I’m a full time college student with friends and family who I want to spend time with, and I work out every day. If you don’t have any responsibilities or obligations other than cardboard, that’s great for you. I don’t have that luxury, so I do what I need to do to have a work/life balance that I feel is appropriate.

And 30 minutes makes or breaks it, LOL!!
 

59 Dano

I just want to make friends!
The video was of them yelling and threatening a dude standing in his driveway. While their account is believable the video doesn’t show any bad behavior from the homeowner.

For the love of God, THIS THIS THIS THIS THIS THIS THIS. The only documentation of anything is of THEM LOOKING LIKE THE BAD GUYS. Further, they admitted that words were exchanged and they left. Then they WENT BACK, resulting in the video.

Their social media post should have said, "Look at us yelling at this guy. He deserved it, so please share."

Industrial strength idiots.
 

It will be fine

Well-Known Member
Any decent PI attorney would file against Express, the big dummy, and anyone else he can think of.
People sue everyone when they go nuts. In this case it’d be pretty easy for the driver to say, “I was on break heading to 7-11.” to cover themselves. If they said I was falsifying my break times and working they deserve what they get.
 

Operational needs

Virescit Vulnere Virtus
That is a fallacy that managers told couriers years ago. Before the powerpad we were able to scan packages and deliver while we put our break in. So to discourage that behavior they said if you were driving during your break then anything that happens was you responsibility. Once the first powerpad came out, that eliminated scanning during break time. Also when the first gap report came out they found out certain couriers had gaps of 10 - 20 mins before and after lunch breaks. When questioned the old time couriers stated that was the time it took to get to their favorite lunch place and back to their route Mangement quickly made clear that your driving to lunch should be part of your break.Therefore any accident while you are in a Fedex truck would be treated the same on a break or not.
Yeah, when I had a rural route my manager didn’t like my long gap to my lunch spot either. Guess what? There was nothing he could do about it once I pointed out the CFR rules. Per the 49 CFR 395.3(a)(3)(ii), the following is required for a CMV driver, for a break to qualify as a break.


3F87BA06-FCC4-4D2B-9409-3B0AC8F7F143.jpeg
 

59 Dano

I just want to make friends!
People sue everyone when they go nuts. In this case it’d be pretty easy for the driver to say, “I was on break heading to 7-11.” to cover themselves. If they said I was falsifying my break times and working they deserve what they get.

He would likely be liable to some extent if he's off the clock and conducting his personal business.

The best case scenario for someone in that situation would be that the lawsuit is dismissed, but you have to pay through the nose for it and it could have easily been avoided.
 

bacha29

Well-Known Member
Did you seriously just say that it’ll be hard to find a job with an English degree? Do you actually know anything at all?
An English degree in a steep recession? Good luck finding a job that requires an English degree because there's already plenty of people with English degrees.. The focus is clearly on science, technology, engineering and math. Those are the people who will be in highest demand . The others will take what the economy will give them.
 

AB831

Well-Known Member
An English degree in a steep recession? Good luck finding a job that requires an English degree because there's already plenty of people with English degrees.. The focus is clearly on science, technology, engineering and math. Those are the people who will be in highest demand . The others will take what the economy will give them.
Thanks for the academic advising. You couldn’t even spell the word “college”, so forgive me if I take what you say with a grain of salt. However, due to your sheer ignorance on the topic while continuing to act like an expert, I’m going to respond. Do you really think you’ve done more research on this than me? Do you really think I went into this and spent all of this money without a specific goal and career in mind? Do you really think job security and attainability are things that I never considered when laying out those goals? I’m happy to discuss anything with you, and I’d even consider some of your feedback on the topic, but I think you should lose the air of superiority, because you’re just making yourself look like a fool.
 
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