FedEx loses lawsuit

[TUT]

Anyone have a link that tells in detail what happened and how this was egregiously Fedex's fault? All the secondary responses in here now has me interested. All I know is 1:30am a truck ran into the back of a car off to the side, two souls were lost. Something we see in videos all to often. From that I can't tell how negligent this was. Trucks move at all times of the day, people demand it indirectly through actions. Accidents happen on the highway all the time, society has accepted that. So I am interested to see where over 100 million was awarded from an accident. There imo has to be quite a back story. Saying Fedex wasn't working with a judge/lawyer, what did we wake up on another planet? That is how it works everywhere, you defend your position like it is your family, you have to for two reasons, A. you open yourself up even further if you don't. B. You'll never get another case if you don't do this, that is why you are hired. It isn't great, but it is like this everywhere, what does and why would a judge expect differently this time?

The part about express uses their dollars to build up ground, yeah so? It is their business and I would reckon it makes a lot of sense. Being a part of cuts sucks, but happens, that is why we all are told to push harder in our own development so we don't have to rely on others actions so much. I hope many of you have your resumes out all the time, since you are so sad about your current situation, otherwise you must love sorrow secretly. It is dog eat dog, what right wing capitalism is all about. I wish it were different, but it is what it is.

 

[MAKAVELI]

The answer is A. It sets a precedent because the driver was a ground driver. "Technically" not a FedEx employee.

 

[TUT]

The answer is A. It sets a precedent because the driver was a ground driver. "Technically" not a FedEx employee.

Got it, that was an angle I wasn't addressing. Sort of just interested in the details of the accident.

 

[MrFedEx]

Got it, that was an angle I wasn't addressing. Sort of just interested in the details of the accident.

As a long-term former RTD who worked a lot of nights, the first thing that comes to mind is fatigue. But the jury specifically mentioned driver training in their award, and this leads to more than just fatigue. Perhaps the Ground driver had lousy training or had run too many hours. The victim pickup truck was on the shoulder, legally off the roadway, and the Ground semi hit it full blast at 65 mph with no sign of braking.

I have met quite a few Ground long-haul drivers, and they aren't the cream of the crop. As I have said many times before, you get what you pay for, and they are generally bottom of the barrel rejects who got canned somewhere else or are fresh out of driving school.

Anyone who drives big rigs will tell you that most schools are a joke and teach only basics. In fact, the FedEx 3 week course was fairly decent, but they still had plenty of people who "passed" that couldn't shift, couldn't back-up, and really couldn't handle the truck.

It all comes down to experience.

 

[Operational needs]

As a long-term former RTD who worked a lot of nights, the first thing that comes to mind is fatigue. But the jury specifically mentioned driver training in their award, and this leads to more than just fatigue. Perhaps the Ground driver had lousy training or had run too many hours. The victim pickup truck was on the shoulder, legally off the roadway, and the Ground semi hit it full blast at 65 mph with no sign of braking.

I have met quite a few Ground long-haul drivers, and they aren't the cream of the crop. As I have said many times before, you get what you pay for, and they are generally bottom of the barrel rejects who got canned somewhere else or are fresh out of driving school.

Anyone who drives big rigs will tell you that most schools are a joke and teach only basics. In fact, the FedEx 3 week course was fairly decent, but they still had plenty of people who "passed" that couldn't shift, couldn't back-up, and really couldn't handle the truck.

It all comes down to experience.

When I went to RTD class, the instructor was very serious about making sure we could do everything. There was no "that's good enough". Plus, he was pretty awesome. Great teacher.

 

[silenze]

You guys drive tractor trailer for express? What's it like?

 

[BigTex61]

When I went to ctv school back in the late 80"s, our instructors were very thorough. It didn't matter how much experience you had, it was like learning from scratch.

 

[MrFedEx]

When I went to ctv school back in the late 80"s, our instructors were very thorough. It didn't matter how much experience you had, it was like learning from scratch.

Yep, but times have changed. For awhile, they contracted it out, which didn't go well, and now, it's apparently back in-house. My initial training was pretty thorough, but I already had a Class A going in, so it was a breeze. However, nobody flunked, and some deserved to be cut loose from the training.

The newest crop of RTDs are relatively low skill compared to previous generations. FedEx knows most will quit and move on to better jobs with other carriers, so the training isn't as good.

Doubles training in Blytheville, AR was pretty good, although that was contracted with a FedEx CTV instructor overseeing things.

 

[Operational needs]

Yep, but times have changed. For awhile, they contracted it out, which didn't go well, and now, it's apparently back in-house. My initial training was pretty thorough, but I already had a Class A going in, so it was a breeze. However, nobody flunked, and some deserved to be cut loose from the training.

The newest crop of RTDs are relatively low skill compared to previous generations. FedEx knows most will quit and move on to better jobs with other carriers, so the training isn't as good.

Doubles training in Blytheville, AR was pretty good, although that was contracted with a FedEx CTV instructor overseeing things.

Do you know Bobby G? He's been training for a long time.

 

[Route 66]

You guys drive tractor trailer for express? What's it like?

well, it sure beats the courier grind, that's for sure (IMO anyway).

 

[Melody Isaac]

FedEx totally got nuts.

 

[Exec32]

Sounds like you guys need a union.

Cart before the horse. Contractors need to UNITE, on a national level, identify common problems and form an association to represent them in those interest. X solution to problems is not language in the contract but deviding the contractors. Always had a contractor in their pocket to bring another contractor down. Being UNITED would end that practice.

 

[Exec32]

Smith has plowed every cent possible into Ground, even after it was making huge profit margins...still using Express profits to build the Ground tower of even higher.

Every cent possible,,,? Not sure what that means, but yes they increased there investment in Ground, and increased their commitments to cut express because of the disparity in profit. This allows them to afford to give express employees 5 weeks paid vacation, tuition assistance and other perks while running more and and more unproductive routes. Trust me I know exactly what's going on in both divisions.

 

[vantexan]

Every cent possible,,,? Not sure what that means, but yes they increased there investment in Ground, and increased their commitments to cut express because of the disparity in profit. This allows them to afford to give express employees 5 weeks paid vacation, tuition assistance and other perks while running more and and more unproductive routes. Trust me I know exactly what's going on in both divisions.

Of course you mean couriers who put in 20 years get 5 weeks vacation.

 

[Exec32]

Of course you mean couriers who put in 20 years get 5 weeks vacation.

Yes, it is one of the ways they retain most of them, without having to give them real raises as they stay and X enjoys their experience.

 

[Exec32]

Or of course a real pension

 

[vantexan]

Yes, it is one of the ways they retain most of them, without having to give them real raises as they stay and X enjoys their experience.

Seriously though, if you had 5 weeks of vacation, probably age at least in mid-40's, making probably low $20's an hour if not topped out, why would you give that up? Lifelong dream to go back to school and take on tons of debt doing it?

 

[bacha29]

After reaching settlements in the California case and the multi district I am pouring over every scrap of information I can find regarding the nationwide class action filed under ERISA to see if the two settlements I mentioned will serve to nullify the ERISA suit . Likewise there are state level suits that are being settled out of court which combined with the Ca and multi district decisions totals more than a half a billion in damages. I don't think the matter is done yet. Making 'independent contractors" having their independence controlled and constrained through such means as confidentiality agreements as well the lack of legal and or professional representation during "negotiations" will no doubt be challenged going forward. It is indeed unfortunate that as long as there are contractors out there puffing the corporate peter wrongly believing that they can be more successful than their predecessor little will change

 

[Exec32]

After reaching settlements in the California case and the multi district I am pouring over every scrap of information I can find regarding the nationwide class action filed under ERISA to see if the two settlements I mentioned will serve to nullify the ERISA suit . Likewise there are state level suits that are being settled out of court which combined with the Ca and multi district decisions totals more than a half a billion in damages. I don't think the matter is done yet. Making 'independent contractors" having their independence controlled and constrained through such means as confidentiality agreements as well the lack of legal and or professional representation during "negotiations" will no doubt be challenged going forward. It is indeed unfortunate that as long as there are contractors out there puffing the corporate peter wrongly believing that they can be more successful than their predecessor little will change

Puffing the peter,,,,lol

 

[Exec32]

Seriously though, if you had 5 weeks of vacation, probably age at least in mid-40's, making probably low $20's an hour if not topped out, why would you give that up? Lifelong dream to go back to school and take on tons of debt doing it?

You are right, I was just making an observation, however it seems Fedex could do much better for those committed to stay, I mean compared to usps and ups; they do have much better pension, and wage.