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<blockquote data-quote="dmac1" data-source="post: 2432253" data-attributes="member: 60252"><p>Two of my former drivers filed for unemployment benefits after I was already gone because the state looks back 15 months at their earnings. The state looked at all the records, and had already decided that I was an employee and eligible for benefits the year before. Based on the contract and on state law, ALL my former drivers were found to be fedex employees. Fedex didn't even fight it, but it was one of the big reasons fedex started requiring that contractors pay UI and WC on all the drivers a contractor hires.</p><p></p><p>Seems to me that if those multi route contractors wanted the drivers they hired to be included, the time to do that would have been when the definition of who was going to be in the class was being decided. Simply put, those drivers just are not part of the class action, and they would need to file their own class action. The contractors wouldn't be on the hook for any claims for back taxes from that long ago. Even the IRS normally only goes back 3 years unless fraud or failure to file is involved. As long as the contractor submitted the 1099 to the IRS, and the drivers didn't object within a certain time(2 years?) I think the contractors will be out of luck unless the attorneys in the case want more people covered.</p><p></p><p>And 30% of the settlement divided up among the lead attorneys and the 20 different law firms handling each of the 20 states isn't all that much money. If it was a huge settlement, 30% would be a lot more.</p><p></p><p>Seeing as how the settlement only covers through 2007, or 6 years, you are putting a hold on only about $12,000 maximum by objecting if you started in 2001. If you don't need that money now, and think that maybe getting triple that amount is worth the wait, I think you should object. Worst case is that your objection is ruled against, and you just delay the payment for you and everyone else. Might not make any friends right now, but if you win, even the attorneys will be thanking you.</p></blockquote><p></p>
[QUOTE="dmac1, post: 2432253, member: 60252"] Two of my former drivers filed for unemployment benefits after I was already gone because the state looks back 15 months at their earnings. The state looked at all the records, and had already decided that I was an employee and eligible for benefits the year before. Based on the contract and on state law, ALL my former drivers were found to be fedex employees. Fedex didn't even fight it, but it was one of the big reasons fedex started requiring that contractors pay UI and WC on all the drivers a contractor hires. Seems to me that if those multi route contractors wanted the drivers they hired to be included, the time to do that would have been when the definition of who was going to be in the class was being decided. Simply put, those drivers just are not part of the class action, and they would need to file their own class action. The contractors wouldn't be on the hook for any claims for back taxes from that long ago. Even the IRS normally only goes back 3 years unless fraud or failure to file is involved. As long as the contractor submitted the 1099 to the IRS, and the drivers didn't object within a certain time(2 years?) I think the contractors will be out of luck unless the attorneys in the case want more people covered. And 30% of the settlement divided up among the lead attorneys and the 20 different law firms handling each of the 20 states isn't all that much money. If it was a huge settlement, 30% would be a lot more. Seeing as how the settlement only covers through 2007, or 6 years, you are putting a hold on only about $12,000 maximum by objecting if you started in 2001. If you don't need that money now, and think that maybe getting triple that amount is worth the wait, I think you should object. Worst case is that your objection is ruled against, and you just delay the payment for you and everyone else. Might not make any friends right now, but if you win, even the attorneys will be thanking you. [/QUOTE]
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