MrFedEx
Engorged Member
"Degree of Control". Three simple words.
Doomsday Clock
- Thread starter vantexan
- Start date
"Degree of Control". Three simple words.
thedownhillEXPRESS
Well-Known Member
If anyone doesn't believe it's a scam read the following law article.
FedEx drivers are part of the ever-blurring line between employees and contractors | The National Law Review
FedEx drivers are part of the ever-blurring line between employees and contractors | The National Law Review
thedownhillEXPRESS
Well-Known Member
There are dozens of cases at anytime being litigated at various court levels.
Eventually one will make it to the Supreme Court, and with the future looking very dim for Republican presidential prospects, this could mean a more liberal supreme court for decades to come.
Bad news for Fred..
That article is like the proverbial smoking gun. It sounds like it really depends on what state you are in. Business friendly leans towards FedEx. Labor friendly leans towards reclassifying.
The court will lean right for quite awhile but then Roberts ruled Obamacare is a tax so is constitutional so anything can happen. Bader-Ginsburg will probably step down soon so that a liberal jurist can be voted in by the Senate. The conservatives on the bench will be around for awhile.
If the article says anything, it says the law is a mess. Good luck fixing it. They can't even agree that billionaires should pay a higher tax rate than you and I.
Three vague (on purpose) words left open to subjective interpretation.
The question is has anyone gotten a big payoff by suing FedEx? If most suits don't go anywhere and none yield big results eventually few will be filed. And FedEx is probably greatly reducing the suits by being more generous with contractors to keep them happy. Most likely the ones quoted were from early on when FedEx mistakenly thought they could control everything and push people to do more with less. It's well known, just from reading here, that FedEx has modified their approach to satisfy the courts.
MrFedEx
Engorged Member
This is where "degree of control" enters the picture. It is a very fine line between "employee" and "contractor". FedEx runs Ground,not the contractors, and the drivers? Clearly employees.
northbound
Well-Known Member
thedownhillEXPRESS
Well-Known Member
Yes it is a mess, and it seems like a mess FedEx should have never waded in to.
Sooner or later it's going to significantly impact us, all because they are trying to game the system vs sticking with the original PSP philosophy and ethics of the early days.
It's a shame, like watching a model become a crack whore over the years.
The law won't change because it would impact too many industries and further clog the courts looking for determinations. Ugly as it is, it is not in the government's interest to change it.
thedownhillEXPRESS
Well-Known Member
But the courts are constantly changing, and always will.
being as murky as law can be, sooner or later the pendulum always swings to the other side for awhile.
being as murky as law can be, sooner or later the pendulum always swings to the other side for awhile.
But Fedex has always been able to tweak the model to comply with the courts. That isn't going to change.
Cactus
Just telling it like it is
That's called pulling the wool over the judge's eyes.
Ground may not ever stop trying but their luck won't last forever.
thedownhillEXPRESS
Well-Known Member
If it loses a case in the high court though, it could mean billions in back tax liability, that's besides damages and legal fees.
thedownhillEXPRESS
Well-Known Member
Sure they can tweak it for the future, but the damage will be done .
They will always be running from a demon with this model.
They will always be running from a demon with this model.
I doubt it. Being a contractor is getting to be far too lucrative. I'd say in 10 years you won't be seeing any cases showing up.
Cactus
Just telling it like it is
That's for sure.
Rather apparent by the way some of those "contractors" have unlimted time to spend on the FedEx discussions forums.
That's for sure.
Rather apparent by the way some of those "contractors" have unlimted time to spend on the FedEx discussions forums.
what else would I do? Drive a truck? Eeeeeeewwwwww!
