RENEGOTIATION ISP INS-OUTS

bbsam

Moderator
Staff member
Suppose you had your lawyer review and sign off only to have X change the terms during negotiation. Would you have the right to then bring those revised documents back to your lawyer or is it "sign now"?
No. One could take it to one's lawyer. But it won't happen. The negotiations are on monetary figures for the most part. There is no way things like holiday schedules or employment requirements or vehicle appearance standards are ever going.to be subject.to negotiations. However, the company can change any of those items at a whim either by decree or enforcement.

For instance, just found out that the driving requirements have changed. Any contractor will as of August 1st be able to set up an Entry Level Driving Program (ELDP). The guidelines seem pretty straightforward and one no longer needs to settle for the pizza delivery guy or the rural paper delivery folk. Find a young guy with life in his spine, bring him in , train him for 55 to 60 hours and suddenly (if you've chosen wisely) you may have a driver for the next 10 years. The cynic in me says the have realized that for the compensation they are willing to make available, they know they won't be getting any folks coming from UPS, Express, DHL, the Post Office or any other similar company and this is all they really have left.
 

bbsam

Moderator
Staff member
Except that fedex has already been proven in court to operate outside the boundaries of the law until someone with enough money comes along to fight them in court. I don't believe that fedex is now operating withing the law, and has no intention of doing so. Anyone who really thinks that fedex is operating within the letter of the law is naive. They are skirting the letter of the law for as long as they can get away with it.
And just whom do you think will finally force them to behave as you wish they would? You really need to lift your head up and look around. This isn't about X; it's the vagueness of contract law and Corporate America and government that get rich off it. Seeing it any other way is the epitome of naivete.
 

vantexan

Well-Known Member
No. One could take it to one's lawyer. But it won't happen. The negotiations are on monetary figures for the most part. There is no way things like holiday schedules or employment requirements or vehicle appearance standards are ever going.to be subject.to negotiations. However, the company can change any of those items at a whim either by decree or enforcement.

For instance, just found out that the driving requirements have changed. Any contractor will as of August 1st be able to set up an Entry Level Driving Program (ELDP). The guidelines seem pretty straightforward and one no longer needs to settle for the pizza delivery guy or the rural paper delivery folk. Find a young guy with life in his spine, bring him in , train him for 55 to 60 hours and suddenly (if you've chosen wisely) you may have a driver for the next 10 years. The cynic in me says the have realized that for the compensation they are willing to make available, they know they won't be getting any folks coming from UPS, Express, DHL, the Post Office or any other similar company and this is all they really have left.
But anyone with "life in their spine" would be actively looking for something better. If they choose to stay with you for 10 years it may be that they want to live in that area and can't find anything better.
 

Bounty

Well-Known Member
No. One could take it to one's lawyer. But it won't happen. The negotiations are on monetary figures for the most part. There is no way things like holiday schedules or employment requirements or vehicle appearance standards are ever going.to be subject.to negotiations. However, the company can change any of those items at a whim either by decree or enforcement.

For instance, just found out that the driving requirements have changed. Any contractor will as of August 1st be able to set up an Entry Level Driving Program (ELDP). The guidelines seem pretty straightforward and one no longer needs to settle for the pizza delivery guy or the rural paper delivery folk. Find a young guy with life in his spine, bring him in , train him for 55 to 60 hours and suddenly (if you've chosen wisely) you may have a driver for the next 10 years. The cynic in me says the have realized that for the compensation they are willing to make available, they know they won't be getting any folks coming from UPS, Express, DHL, the Post Office or any other similar company and this is all they really have left.
So, X still determines the hiring requirements for "your business.
 

dmac1

Well-Known Member
And just whom do you think will finally force them to behave as you wish they would? You really need to lift your head up and look around. This isn't about X; it's the vagueness of contract law and Corporate America and government that get rich off it. Seeing it any other way is the epitome of naivete.
Did you even read before replying????? Sure doesn't look like it. I stated very clearly that it is going to take someone with enough money- just like in the litigation leading up to this. Get a grip dude and calm down. Just because fedex is getting away with it doesn't make it legal.
 

bacha29

Well-Known Member
While single route contractors have done some damage to the original business model, it will probably require a consortium of investor class contractor to do the heavy lifting going forward.
 

bbsam

Moderator
Staff member
Did you even read before replying????? Sure doesn't look like it. I stated very clearly that it is going to take someone with enough money- just like in the litigation leading up to this. Get a grip dude and calm down. Just because fedex is getting away with it doesn't make it legal.
Yes. I read it and will ask again: who do you think has that kind of money especially if class action is not a possibility? You really need to get a grip on the true scope of the situation.
 

dmac1

Well-Known Member
Yes. I read it and will ask again: who do you think has that kind of money especially if class action is not a possibility? You really need to get a grip on the true scope of the situation.

Who said class action is not a possibility? Is it something fedex told you?????????
 

bacha29

Well-Known Member
Who said class action is not a possibility? Is it something fedex told you????
Who said class action is not a possibility? Is it something fedex told you?????????
It will require a class action filed by well capitalized investor class contractors. What the nature of their complaint is could encompass a lot of possibilities . But rest assured if they aren't getting large enough settlements to compete for labor they will find something.
 

STFXG

Well-Known Member
So you don't think X would try and "funny business" right before the contracts are signed? If that's your way of thinking, I'll hand you the rifle so you shoot yourself in the foot. Also you seem to think it's fine for X to have full control over what is supposedly your business while you have very little.

MFE is right. You're just Fred's mechanics and overseers.
I read my contracts before I sign. What "funny business" could they pull that I wouldn't notice before signing? They don't have full control... Just extremely strict guidelines that I agree to abide by.
 

STFXG

Well-Known Member
Yes you can take the contract to an attorney but all he can and will do is to point out the trappings that you already know exist. Keep in mind X has a barracks full of outside attorneys and logistics experts protecting it's interests yet denies anyone wanting to do business with it the same due process in order to make certain that it's terms and only it's terms becomes the final contract terms.
Take it or leave it. It's a pretty simple concept that seems difficult to grasp around here. A lawyer isn't going to be able to tell me anything I can't read myself. The vagueness goes both ways. I know what rules I can bend and the workarounds in the contract that work for me as well. Not that it isn't entirely one sided.
 

Exec32

Well-Known Member
So,,,,,,, FEDEX can have their lawyers involved, the so called negotiator,and probably a team of engineers, a group of smart #ick suckers, and the lying TM. Seems fair to me.
 

bbsam

Moderator
Staff member
Who said class action is not a possibility? Is it something fedex told you?????????
It's written into the contract. Since you were commenting, i figured you already knew that. It's called an "arbitration clause" if you'd like to educate yourself.
 

bbsam

Moderator
Staff member
So,,,,,,, FEDEX can have their lawyers involved, the so called negotiator,and probably a team of engineers, a group of smart #ick suckers, and the lying TM. Seems fair to me.
Fair? No. Now decide if you want to sign or not.
 

bbsam

Moderator
Staff member
But anyone with "life in their spine" would be actively looking for something better. If they choose to stay with you for 10 years it may be that they want to live in that area and can't find anything better.
Not so. Think like a 22 year old. 30k, 40k, 45k progression over 10 years keeps him around.
 

bbsam

Moderator
Staff member
As time goes by the lack of a pension, disability, and health care plan will make the wage/perdiem look less attractive.
Not things a lot of 22 year olds think of, especially not since such plans have been evaporating over the years.
 
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