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NJ Objectors Pan 25 Million FedEx Ground Settlement
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<blockquote data-quote="njdriver" data-source="post: 2654077" data-attributes="member: 4596"><p>Not sure whether the misclassification issue is something that can be tagged with the fraud label. Common sense indicates that it should, seeing as there had to be some forethought before choosing to treat only a segment of the overall FedEx driving force as contractors.</p><p></p><p>Having said that, the eventual finding of employee status seemed to have sufficed to put us in the arena where the remainder of the charges could be litigated. As I mentioned earlier, the original draft of the lawsuit that was eventually merged at the class action in Indiana, included the Consumer Fraud charge. It was Beth Ross, from Leonard Carder that told the class representatives that it was a non-starter in the NJ settlement agreement. Objecting to the settlement now, if approved by Judge Miller means we can go ahead with the process and litigate the merits in court. Having said that, FedEx will most likely bristle a bit and then eventually make a settlement offer.</p><p></p><p>The vast majority of NJ drivers, for the most part, really didn't take a hands-on approach. For some, they didn't want to upset the apple cart, seeing as they still worked at FedEx. Others took a cursory view and just wanted to know when they would get something at all. I just hope that all concerned drivers in NJ understand the responsibility class representatives have and how much pressure may be brought to bear on them to get this issue over with sooner rather than later.</p><p></p><p>They have to live with themselves and the ultimate decisions they make, but I know for certain this is something they will not and should not let go, especially as North Carolina had consumer fraud violations as part of their settlement.</p><p></p><p>The changes FedEx made to the contractor model were just enough to keep them ahead of additional lawsuits, but we know that even the MVC's aren't truly independent. If using contractors in this type of business was such a preferred modality, UPS would have used it from the start.</p><p></p><p>As far as your individual lawsuit is concerned, I can't remember the specifics, seeing as I had that long absence from the fedexaminer site, but I'm curious, if some of the claims in your suit couldn't be heard at the class action, why wasn't it allowed to proceed as a separate action in-state? Your lawyers had to have known once the class action was initiated that that was the reality specific to you, so I'm a bit fuzzy on why that didn't happen.</p></blockquote><p></p>
[QUOTE="njdriver, post: 2654077, member: 4596"] Not sure whether the misclassification issue is something that can be tagged with the fraud label. Common sense indicates that it should, seeing as there had to be some forethought before choosing to treat only a segment of the overall FedEx driving force as contractors. Having said that, the eventual finding of employee status seemed to have sufficed to put us in the arena where the remainder of the charges could be litigated. As I mentioned earlier, the original draft of the lawsuit that was eventually merged at the class action in Indiana, included the Consumer Fraud charge. It was Beth Ross, from Leonard Carder that told the class representatives that it was a non-starter in the NJ settlement agreement. Objecting to the settlement now, if approved by Judge Miller means we can go ahead with the process and litigate the merits in court. Having said that, FedEx will most likely bristle a bit and then eventually make a settlement offer. The vast majority of NJ drivers, for the most part, really didn't take a hands-on approach. For some, they didn't want to upset the apple cart, seeing as they still worked at FedEx. Others took a cursory view and just wanted to know when they would get something at all. I just hope that all concerned drivers in NJ understand the responsibility class representatives have and how much pressure may be brought to bear on them to get this issue over with sooner rather than later. They have to live with themselves and the ultimate decisions they make, but I know for certain this is something they will not and should not let go, especially as North Carolina had consumer fraud violations as part of their settlement. The changes FedEx made to the contractor model were just enough to keep them ahead of additional lawsuits, but we know that even the MVC's aren't truly independent. If using contractors in this type of business was such a preferred modality, UPS would have used it from the start. As far as your individual lawsuit is concerned, I can't remember the specifics, seeing as I had that long absence from the fedexaminer site, but I'm curious, if some of the claims in your suit couldn't be heard at the class action, why wasn't it allowed to proceed as a separate action in-state? Your lawyers had to have known once the class action was initiated that that was the reality specific to you, so I'm a bit fuzzy on why that didn't happen. [/QUOTE]
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