I don't see why signing a waiver would affect unemployment. They dont fire you they cancel the contract.
Ground non ISP
- Thread starter Crozz
- Start date
What unemployment insurance? You are considered self employed. However in my state even though there was UC payed in on you because you are an officer of the corporation that was paying it you can't draw benefits. So before anybody gets any idea about drawing UC better check with the UC administrater in your home state.
If you are terminated, which includes having your contract cancelled, and have been driving full time, you could easily argue that you were an employee. No one can force you to form your own corporation and hire people. Especially a truly independent contractor should not be forced to hire employees. Can you imagine telling your plumber that he needs to hire 5 people if he doesn't want to? Fedex is changing the rules in the middle of the game, and dozens of people have been able to collect unemployment even though the contract says otherwise. I know of at least 4 people in my old terminal that the UI department found to be eligible for UI. If you sign a eaiver and take cash, you may be giving up money. UI can be over $400 to over $500 a week for as much as a year, depending on local laws. So unless you get more from the waiver than you could get from UI, at least seek an attorney's advice.
do
Do you know what states have 400/4PSA's? I'm out of a mid size terminal with just about 31 or 32 PSA's. I hope they do 400/4, then I will only have to purchase 1 route which may have to be a Ground to fit X's model; Or merge with another contractor to fit the 500/5 which will be a financial nightmare.
Dmac: you 're looking at the matter from a new and interesting angle. You may very well be able to challenge X's demand that the people they contract with have to be incorporated. As for hiring people the contract requires that you provide a "competitive" level of service. What defines competitive? The contract does not state a specific daily service percentage. In my state if you were an officer of the corporation that's contracted with x you can't sell your route then lay yourself off and go collect UC but if restructuring as in the case going of ISP results in X's decision to terminate the contract through no fault of the individual there may be a benefit eligibility case afterall.
Per my cpa I absolutely can even if I sale my route. My corp pays me with standard payroll including deductions. It may vary by State. Ga i max out for 330 a week at 26 weeks.
ringnrun: merging with another contractor may not automatically be bad if you operate as seperate profit centers. Your success will depend on how you're set up can agree on who will be president but it will have little meaning if you operate as seperate profit centers
echo: If you voluntarily sell your route you may h ave a hard time proving that your layoff was involuntary. However if you are by means of restructuring forced to sell your route it might be a lot easier to prove that the job loss was not voluntary. It will be incumbent upon you to prove that your layoff was due to forces beyond your influence or control.
That's what I would think to but my CPA says it doesn"t matter. Not like voluntary quitting. I could sale due to company not making enough profit ,labor market etc. It varies by state.
Don't take his word for it. He may say he knows but he cannot speak for the UC judges who decide cases like this Go straight to your state explain what is happening ask for a decision on the matter ahead of time Don't base your decision on second hand information unless that cpa of yours is willing to go in front of a UC judge . He may be a cpa and probably a good one but if he doesn't have a license to practice law in your state what he says may not matter.
Just covering all my bases. Been paying it in for 13 years.
Most states have all the rules available online, and you can study them yourself, and may learn more than if you spoke to someone in the dept. At the very least, inform yourself so you know if someone else is giving you 100% wrong info. It isn't that hard- just plan on at least 4-5 hours of tedious reading, but my state's laws were clearly written and easy to understand even if tedious.
I understand I will be going through the same thing coming up in my negotiations. We are currently running four routes one of which is a supplemental, average stop count is 320 stops. It takes us sixty miles to get to the first stop .The terminal is between mid and large size. Why does FedEx favor the city routes and leaves the rural routes behind in regards to the 500 stops mimium.
ringnrun: When Dan Sullivan and those 2 UPS managers got together at a hotel out by the Pitsburgh Airport to draw up the design for RPS the focus was only on the largest metro areas in the country. The rural areas never have and never will be of interest to the company. Furthermore in the interest of getting the cheapest labor possible they proclaimed the work force "independent contractors" while maintaining the complete control of the work force as evidenced by the fact that initially you as a "contractor" had no goodwill, no proprietary rights and only 1 route. If you wanted to quit you had to give 30 day notice and try to find somebody to take the lease and the route for free because you had no goodwill. It was only due to the threat of an Internal Revenue Service lawsuit and losses in subsequent lawsuits in later years did the company grudging grant what little autonomy you ahe today and believe if the company had everything it's own way you still wouldn't have it today.
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