Carlos Rocha vs. FedEx

vantexan

Well-Known Member
You know better than that. There have been alot of law firms who have seen the same thing, went forward and lost.

But your point was that none of it is true. Apparently professionals thought it had merit so must be true to a point. I've told you all kinds of things that have happened to me as a courier. Some of it I went to lawyers about. They just shrugged. FedEx gets away with a lot because they know they can. But there are things that can put them in legal jeopardy such as managers sleeping with employees. If caught the managers are shown the door. Screwing the employees gets swept under the rug unless there's actual screwing going on. In the case of Mr. Rocha though there appeared to be screwing of the financial kind, with signed contracts involved. He's got a lot more going for him than the average Express courier who's manager lied to him about this or that.
 

bbsam

Moderator
Staff member
None of the above has been my experience. And remember, the threshold is not lack of control but degree.
 

vantexan

Well-Known Member
None of the above has been my experience. And remember, the threshold is not lack of control but degree.

So none of it is true if you haven't experienced it? I've heard a lot about "the Chicago way" in the last 4 years. Think it's possible some bad eggs overstepped their bounds?
 

bbsam

Moderator
Staff member
So none of it is true if you haven't experienced it? I've heard a lot about "the Chicago way" in the last 4 years. Think it's possible some bad eggs overstepped their bounds?

Of course it's possible. In eight to ten years we should hear what the court says. But the suit seems to suggest systematic, widespread abuse. That would need even more plaintiffs.
 

hypo hanna

Well-Known Member
Of course it's possible. In eight to ten years we should hear what the court says. .

Probably not. Lets assume for the sake of argument what he claims is true. He is deep in the hole financially and dragging his family down with him. FedEx lawyers know this and most likely will make it clear they plan to drag it out as long as they can unless he signs a nondisclosure agreement. It's a common corporate tactic.
 

bbsam

Moderator
Staff member
Probably not. Lets assume for the sake of argument what he claims is true. He is deep in the hole financially and dragging his family down with him. FedEx lawyers know this and most likely will make it clear they plan to drag it out as long as they can unless he signs a nondisclosure agreement. It's a common corporate tactic.

Exactly. And if he has the resources to ride it out, Fedex can afford to settle out of court without admitting fault and make him go away.
 

vantexan

Well-Known Member
Of course it's possible. In eight to ten years we should hear what the court says. But the suit seems to suggest systematic, widespread abuse. That would need even more plaintiffs.

Why did FedEx go to the ISP model? Because they knew what they were doing wouldn't hold up in court. The ISP is the culmination of trial and error(no pun intended). But you have to figure some got chewed up in the process, and if some Ground mgrs acted inappropriately then some contractors may have a basis for a suit. Charging the company with racketeering under the RICO act sounds like grandstanding but some of it sounds very possible.
 

bbsam

Moderator
Staff member
Why did FedEx go to the ISP model? Because they knew what they were doing wouldn't hold up in court. The ISP is the culmination of trial and error(no pun intended). But you have to figure some got chewed up in the process, and if some Ground mgrs acted inappropriately then some contractors may have a basis for a suit. Charging the company with racketeering under the RICO act sounds like grandstanding but some of it sounds very possible.

I don't doubt that some contractors viewed their position like this. I don't doubt that some management did as well. Proving systematic colusion and outright breach of contract in court is going to be expensive and time consuming.
 
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