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How about some rampant speculation?
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<blockquote data-quote="MrFedEx" data-source="post: 946005" data-attributes="member: 12508"><p>If the 2 systems become integrated, the classification of Ground drivers could be reconsidered. This may be what is holding Fred back from pulling the trigger. FedEx doesn't like to do anything unless their legal ducks are in a row, but they have had some rather spectacular failures over the years that have cost them big money. </p><p>Class-action lawyers are always on the prowl for big cases with big payoffs, and Ground might be a prime target. I think Smith knows that he is toeing a line in the sand and is proceeding incrementally rather than all at once. Analogy of the boiled frog aside, FedEx might not be able to continue to classify Ground drivers as non-employees. </p><p>I'm no expert, but I have studied the issue, and it comes down to what's called "degree of control". If an employer exerts a degree of control over a contracted employee to an extent which meets that which is exerted over an employee, then the contracted employee legally becomes an actual employee.</p><p>Given the degree of control Terminal Managers have in Ground facilities, and the overall control exerted by Memphis and Pittsburgh, Fred may find that he has pooped in his own nest and blown his scam. Time will tell.</p></blockquote><p></p>
[QUOTE="MrFedEx, post: 946005, member: 12508"] If the 2 systems become integrated, the classification of Ground drivers could be reconsidered. This may be what is holding Fred back from pulling the trigger. FedEx doesn't like to do anything unless their legal ducks are in a row, but they have had some rather spectacular failures over the years that have cost them big money. Class-action lawyers are always on the prowl for big cases with big payoffs, and Ground might be a prime target. I think Smith knows that he is toeing a line in the sand and is proceeding incrementally rather than all at once. Analogy of the boiled frog aside, FedEx might not be able to continue to classify Ground drivers as non-employees. I'm no expert, but I have studied the issue, and it comes down to what's called "degree of control". If an employer exerts a degree of control over a contracted employee to an extent which meets that which is exerted over an employee, then the contracted employee legally becomes an actual employee. Given the degree of control Terminal Managers have in Ground facilities, and the overall control exerted by Memphis and Pittsburgh, Fred may find that he has pooped in his own nest and blown his scam. Time will tell. [/QUOTE]
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