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Alexander vs. Fedex Willis vs. Fedex
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<blockquote data-quote="bacha29" data-source="post: 3339844" data-attributes="member: 58386"><p>Judge Miller ruled and he was pretty adamant about this ruled that according to the laws of my state the guys operating in my state were "independent contractors" not employees. Furthermore at least in my case there were no NOL's during any of the claim years. In addition in the "East Coast" settlement X admitted no liability or any wrong doing including worker misclassification . This in turn is one of the key differences between the "West Coast" and "East Coast" ruling. The WC case went all the way up to the US Circuit Court of Appeals while the EC settlement didn't go up that far. </p><p></p><p>Judge Miller mentioned the fact that the opportunity to go up to a federal appeals court with the EC case was there but the 6 named plaintiffs wanted to settle. He went on to say that the odds of prevailing in the more conservative 7th US Circuit Court of Appeals combined with state law made the chances of prevailing less likely. Furthermore in the letter he wrote to me personally while he couldn't come right out and say it he still made it clear that Leonard Carter was anxious to settle put this behind them but they still wanted the maximum fee. Perhaps due to the fact that they were not awarded the maximum fee in the WC case had a lot of resources tied up in the WC case along with the fact that LC's lead attorney on the case had left the firm. </p><p></p><p>While the US Supreme Court has not issued any specific rules definitions or guidelines as to what an independent contractor actually is the US Department of Labor has established a criteria it uses to define what is an independent contractor and specifically names the Fedex contractor practice as it's guidepost and example of what a IC is not and the lower courts are taking notice. </p><p></p><p>In the meantime what I fear is that now with a settlement in place it will in turn embolden XG to go back to the old way of doing things whereby when it comes to command and control you're an employee but when to comes to the divestiture of risk, liability and variable costs.....you're an employee.</p></blockquote><p></p>
[QUOTE="bacha29, post: 3339844, member: 58386"] Judge Miller ruled and he was pretty adamant about this ruled that according to the laws of my state the guys operating in my state were "independent contractors" not employees. Furthermore at least in my case there were no NOL's during any of the claim years. In addition in the "East Coast" settlement X admitted no liability or any wrong doing including worker misclassification . This in turn is one of the key differences between the "West Coast" and "East Coast" ruling. The WC case went all the way up to the US Circuit Court of Appeals while the EC settlement didn't go up that far. Judge Miller mentioned the fact that the opportunity to go up to a federal appeals court with the EC case was there but the 6 named plaintiffs wanted to settle. He went on to say that the odds of prevailing in the more conservative 7th US Circuit Court of Appeals combined with state law made the chances of prevailing less likely. Furthermore in the letter he wrote to me personally while he couldn't come right out and say it he still made it clear that Leonard Carter was anxious to settle put this behind them but they still wanted the maximum fee. Perhaps due to the fact that they were not awarded the maximum fee in the WC case had a lot of resources tied up in the WC case along with the fact that LC's lead attorney on the case had left the firm. While the US Supreme Court has not issued any specific rules definitions or guidelines as to what an independent contractor actually is the US Department of Labor has established a criteria it uses to define what is an independent contractor and specifically names the Fedex contractor practice as it's guidepost and example of what a IC is not and the lower courts are taking notice. In the meantime what I fear is that now with a settlement in place it will in turn embolden XG to go back to the old way of doing things whereby when it comes to command and control you're an employee but when to comes to the divestiture of risk, liability and variable costs.....you're an employee. [/QUOTE]
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