Revisiting the Legal Concept of "Independent Contractor"

MrFedEx

Engorged Member
MFE, have your read the Ground Contract?

I'm sure it is designed to appear as though you and your drivers are not employees. Send me a copy.
MFE has stated many times that I don't understand Express and therefore shouldn't comment on it. For the most part I don't comment on the in er workings except to say that I think my drivers could do fine at it. MFE on the other hand insist on playing Perry Mason for the downtrodden.

Send me a copy of the contract as a link.
 

MrFedEx

Engorged Member
Lets go have a beer...and then talk about,bringing In the union!

I want to see the contract. I guess to see it you have to go through the initiation process, don a black robe, and head down into the dungeon. Then they bring it out under candlelight so the sun's rays cannot shine upon it. Kind of like Dracula. They'll never show us a copy.
 

STFXG

Well-Known Member
I was tempted to send you a copy, but you not getting one might be more entertaining. It's nothing secret. Go to your local ground terminal and ask for a copy of the operating agreement.

The financials are secret, but you can see all the legal stuff.


Sent using BrownCafe App
 

M I Indy

Well-Known Member
is one of the facts that the IC law is written with an intentional vagueness? Do you wonder why Fedex Watch closed up shop?

Fact: contract is/was in my day, long since left this scam, was written in intentional vagueness. Question bbsam: Is Fed Ex your customer or business partner? When package recipient can't find it, miss delivery or well hidden, who do they call? If business slumps and area temporarily grows due to decision by your customer/business partner, due to lack of business, how do you grow your business temporarily to cover costs already established when volume was higher, since you already were/are using all of your hours? The agreement (that's what they called it in my day) used the term to service "our mutual customers", how are they mutual if Fed Ex is your customer? If they are your business partner why would they or you want to put burden of rising cost onto just you? Face it, you are a widget for Fed Ex, your only recourse is what........you can leave? Take or leave it, is that really negotiation? Contractor relations hack told me that in the "agreement" time to time meant every day. Asked the hack to show me the dictionary that definition was in!
 

bbsam

Moderator
Staff member
Fact: contract is/was in my day, long since left this scam, was written in intentional vagueness. Question bbsam: Is Fed Ex your customer or business partner? When package recipient can't find it, miss delivery or well hidden, who do they call? If business slumps and area temporarily grows due to decision by your customer/business partner, due to lack of business, how do you grow your business temporarily to cover costs already established when volume was higher, since you already were/are using all of your hours? The agreement (that's what they called it in my day) used the term to service "our mutual customers", how are they mutual if Fed Ex is your customer? If they are your business partner why would they or you want to put burden of rising cost onto just you? Face it, you are a widget for Fed Ex, your only recourse is what........you can leave? Take or leave it, is that really negotiation? Contractor relations hack told me that in the "agreement" time to time meant every day. Asked the hack to show me the dictionary that definition was in!
Maybe it would help you if you looked at more applicable terms: Fedex is the principal, bbsam inc. is the agent. You are basically saying that I am not guaranteed to make a profit. Exactly. What company is? And you have been gone a while. ISP's can renegotiate if costs go up or revenue drops. I absolutely agree that the agreement is tilted heavily in the company's favor but it works ok for me. I intentionally have a sizable buffer built into my day to day operations.
 
P

prodriver

Guest
I do believe that if I ever have to go to court-even though not lawyers I would try to hire bbsam,mfe,stops per hour,cactus,dano,route 66,cjinx and stfxg no way I would lose the case
 

UpstateNYUPSer(Ret)

Well-Known Member
I do believe that if I ever have to go to court-even though not lawyers I would try to hire bbsam,mfe,stops per hour,cactus,dano,route 66,cjinx and stfxg no way I would lose the case

Given those choices I would still go with the stuttering public defender from "My Cousin Vinny".


Sent using BrownCafe App
 
P

prodriver

Guest
No judge would let that proceed.

I know your right, but there is some "spins" going on in brown cafe, everyone knows where I stand on contractors for fedex since I am one but the debates or noise talking is enjoyable.
 

M I Indy

Well-Known Member
Maybe it would help you if you looked at more applicable terms: Fedex is the principal, bbsam inc. is the agent. You are basically saying that I am not guaranteed to make a profit. Exactly. What company is? And you have been gone a while. ISP's can renegotiate if costs go up or revenue drops. I absolutely agree that the agreement is tilted heavily in the company's favor but it works ok for me. I intentionally have a sizable buffer built into my day to day operations.

What I am basically saying is you are guaranteed to not have a say in your "business" other than to take your tattooed trucks and leave. Sure, you can renegotiate, it is your right, just as it is for Fed Ex to not renegotiate. What legitimate independent business in the transportation industry complies with and relies on one source to the extent HD/Ground uniformed, decaled "contractors" have to? Who goes to a six day week just because principal says so? Do you have a choice? Seems like control to me. What is the Plan B? Since I'm not up on new "agreement", what does your agency get if principal goes away, and you have devoted all your time and resources to principal? Let me guess, nothing, understanding there are no guarantees! Seems more like a supervisory position than an agency. Please enlighten us in the dark. In this world of today, it is not that easy to just go to next offer, today relationships need to be developed, and your "agreement" with principal doesn't seem to offer the time for that. I see you are ok with that, you have built in buffer, what about those who were trampled by principal while building this network to 100% coverage? They had no buffer, every time they got ahead vehicle was deemed too small even though not paid off, but, were told 9 mos. earlier vehicle was good for next 5 yrs. or now HAD to rent scanner. Agreement wasn't allowed to be seen until vehicle(s) were purchased. Yes, buyer beware! While principal touts self as Fortune 500 co., top 100 places to work! Don't worry, RELAX, it's Fed Ex. I guess you feel they were just a casualty of business, help make the model grow and then just go......away. Thanks to those folks, routes now have value, be it a false value, since you still really only own a scam agreement. That can only be sold with the blessing of principal. Yes, you can buy your fuel wherever you want, tires too, that is your only independence.
 
P

prodriver

Guest
Take FedEx and ups away from (even) wal-mart and they would be searching for ways to get freight so they depend on us not solely but sears depends solely on contractors to service and install. We are not required to work 6 day weeks it sure helps in peak though, a few contractors didn't do it in my building this year. As with any business nothing is guaranteed that only exist in fantasy land, no job is guaranteed either there are always responsibilities we have to stay employed. For a vehicle being to small a contractor should be able to forecast growth if you can't you shouldn't be contracting you should be driving is all. A upgraded van would have made that little problem go away. No one has to rent a scanner you can sheet all packages or purchase one. You and anyone else can think what they want about ground but it is here to stay, not only staying but growing.
 
Top