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FedEx Discussions
FedEX buying back Ground Routes
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<blockquote data-quote="bbsam" data-source="post: 808359" data-attributes="member: 22662"><p>No. If everything you have said is correct, and Fedex is the one who "fired" him and that "firing" violated the contractural agreement between the contractor and the company, then the contractor would be the one with the case. Remember, it is the independence of the contractor, not the driver that is supported by the contract. I have seen contractors use Fedex requirements (i.e. driving record, etc.) as reasons to fire a driver, but that is a separate matter and a stipulation that the contractor has agreed to. And before you jump to the conclusion that any control by Fedex nullifies an Independent Contractor status, I would point out that the IRS and the courts do not maintain that the principal (Fedex) cannot have any control over the actions of the agent (contractor), rather it is a matter of scope and degree of that control. Defintely a grey area.</p></blockquote><p></p>
[QUOTE="bbsam, post: 808359, member: 22662"] No. If everything you have said is correct, and Fedex is the one who "fired" him and that "firing" violated the contractural agreement between the contractor and the company, then the contractor would be the one with the case. Remember, it is the independence of the contractor, not the driver that is supported by the contract. I have seen contractors use Fedex requirements (i.e. driving record, etc.) as reasons to fire a driver, but that is a separate matter and a stipulation that the contractor has agreed to. And before you jump to the conclusion that any control by Fedex nullifies an Independent Contractor status, I would point out that the IRS and the courts do not maintain that the principal (Fedex) cannot have any control over the actions of the agent (contractor), rather it is a matter of scope and degree of that control. Defintely a grey area. [/QUOTE]
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