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The FedEx driver who sued and won
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<blockquote data-quote="bbsam" data-source="post: 1456058" data-attributes="member: 22662"><p>Very true. None of that makes the model a scam and the article shows how what I have been saying is true: If you want to kill the model, you have to change the law.</p><p>Fedex has a long history of bad management in contracting. A lot of that has to do with local management feeling pressure to get results. The contract is very clear about what a breach consists of and the possible ramifications are but many local managers will "threaten" contracts regularly to gain compliance. That brings serious problems and many of the lawsuits.</p><p>I don't think the law is going to change any time soon. I still think the idea floated in another forum makes a lot of sense. If a law firm were to devote a portion of its staff to something like "contract dispute resolution" things could work better for all involved. So when SM comes to bbsam inc. and says "'at the discretion of the contractor' doesn't mean it's up to you", I could direct his declarative to a legal department that is basically on retainer by 30000 contractors. Fedex would save a lot in lawsuits, bad management would be rooted out, contractors would have recourse other than the in house tow-the-liners in "contractor relations". The problem is that most law firms aren't interested in representing this type of contract law or in scrapping the model or in social justice. That's not where the money is. The money is in class action law suits.</p></blockquote><p></p>
[QUOTE="bbsam, post: 1456058, member: 22662"] Very true. None of that makes the model a scam and the article shows how what I have been saying is true: If you want to kill the model, you have to change the law. Fedex has a long history of bad management in contracting. A lot of that has to do with local management feeling pressure to get results. The contract is very clear about what a breach consists of and the possible ramifications are but many local managers will "threaten" contracts regularly to gain compliance. That brings serious problems and many of the lawsuits. I don't think the law is going to change any time soon. I still think the idea floated in another forum makes a lot of sense. If a law firm were to devote a portion of its staff to something like "contract dispute resolution" things could work better for all involved. So when SM comes to bbsam inc. and says "'at the discretion of the contractor' doesn't mean it's up to you", I could direct his declarative to a legal department that is basically on retainer by 30000 contractors. Fedex would save a lot in lawsuits, bad management would be rooted out, contractors would have recourse other than the in house tow-the-liners in "contractor relations". The problem is that most law firms aren't interested in representing this type of contract law or in scrapping the model or in social justice. That's not where the money is. The money is in class action law suits. [/QUOTE]
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