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<blockquote data-quote="bbsam" data-source="post: 5840831" data-attributes="member: 22662"><p>When I first read the complaint I too was skeptical. But there is a difference between a “risk of financial failure” and a company contractors up to fail for their own enrichment. </p><p></p><p>Consider an initial contract. The new contractor has done due diligence, has a good business plan, and the numbers make sense. Contractor takes out a multi year loan for $ 1 million plus and begins the day to day business activities.</p><p></p><p>A year later at negotiations 3 MESOs pop up all considerably lower than the previous year. Following year as labor and inflation continued to hammer the economy and FedEx turns a nice profit, they hit their customers with fuel surcharges that never go to the contractor.</p><p></p><p>Yes. We’ve all seen it. They’ve got people stuck with few choices. AND IT IS ALL ENGINEERED THAT WAY. It’s a “take it or leave it” negotiation. If you decide to leave it, they’ll sweeten the pot for the next Facebook sourced candidate. Because it’s not about finding knowledgeable and experienced contractors. It’s about bleeding the next soccer dry and driving up the stock price.</p><p></p><p>I’m not an attorney, but an accomplished one could make a compelling case for all of the above facts. And to be quite honest, if FedEx would be interested in fighting that and would be open to showing how they calculate CSA values, I would be quite interested. But they won’t do that. </p><p></p><p>This case has gotten judicial and political attention. This isn’t like every other time FedEx has been sued. People (thanks to Donald Trump and the rest of the Republican crime family <img class="smilie smilie--emoji" loading="lazy" alt="🤣" title="Rolling on the floor laughing :rofl:" src="https://cdn.jsdelivr.net/joypixels/assets/6.6/png/unicode/64/1f923.png" data-shortname=":rofl:" />) have people somewhat tuned into what a RICO case means. I doubt that an arbitration clause in a contract that could at least be found unconscionable has the power to derail the complaint.</p></blockquote><p></p>
[QUOTE="bbsam, post: 5840831, member: 22662"] When I first read the complaint I too was skeptical. But there is a difference between a “risk of financial failure” and a company contractors up to fail for their own enrichment. Consider an initial contract. The new contractor has done due diligence, has a good business plan, and the numbers make sense. Contractor takes out a multi year loan for $ 1 million plus and begins the day to day business activities. A year later at negotiations 3 MESOs pop up all considerably lower than the previous year. Following year as labor and inflation continued to hammer the economy and FedEx turns a nice profit, they hit their customers with fuel surcharges that never go to the contractor. Yes. We’ve all seen it. They’ve got people stuck with few choices. AND IT IS ALL ENGINEERED THAT WAY. It’s a “take it or leave it” negotiation. If you decide to leave it, they’ll sweeten the pot for the next Facebook sourced candidate. Because it’s not about finding knowledgeable and experienced contractors. It’s about bleeding the next soccer dry and driving up the stock price. I’m not an attorney, but an accomplished one could make a compelling case for all of the above facts. And to be quite honest, if FedEx would be interested in fighting that and would be open to showing how they calculate CSA values, I would be quite interested. But they won’t do that. This case has gotten judicial and political attention. This isn’t like every other time FedEx has been sued. People (thanks to Donald Trump and the rest of the Republican crime family 🤣) have people somewhat tuned into what a RICO case means. I doubt that an arbitration clause in a contract that could at least be found unconscionable has the power to derail the complaint. [/QUOTE]
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