Terminated by FedEx

[Maui]

Yeah, I would say 4 in one year is pretty hard to overcome. When I was in CA our location issued an OLCC for the 1st one in a year. The second one would be a performance reminder. If you miss by a minute and have no other issues, then you would have a chance to correct your timecard usually.

If I had more than one, then I would take that break by like hour 4 even if I started at 7 and had 12:00 P1.

 

[McFeely]

Whatever. You miss the point, which is she probably wouldn't be terminated unless there were other factors. Since when does FedEx worry about following laws?

I didn't miss your point, but my point was a tangent that maybe FedEx fired her because of violating state laws. FX may not give 2 s about following laws until the state labor board or the DOT comes knocking on their door. Easier to fire an employee before it ends up costing the company big bucks in fines.

 

[MAKAVELI]

I didn't miss your point, but my point was a tangent that maybe FedEx fired her because of violating state laws. FX may not give 2 s about following laws until the state labor board or the DOT comes knocking on their door. Easier to fire an employee before it ends up costing the company big bucks in fines.

They also get very pissy when they have to pay that hour penalty pay. Lol

 

[Maui]

They also get very pissy when they have to pay that hour penalty pay. Lol

Everyone does. I heard that a CA State Rep from Redlands got bill passed that companies in transportation can be exempted, but no large company has ever tried to use it,

It is state law AND policy.

 

[Star B]

Everyone does. I heard that a CA State Rep from Redlands got bill passed that companies in transportation can be exempted, but no large company has ever tried to use it,

It is state law AND policy.

Remember, we're an airline, not a trucking company. It wouldn't apply to us.

Additionally....

This fix does not affect purely intrastate drivers in states, which have authority to set independent HOS regulations, enforce meal and rest break requirements, mandate or exempt drivers from overtime laws, etc.

So, unless you cross a state line with your route, the ruling does not affect you at all.

 

[BootsOnTarmac]

Airplanes - FAA

Trucks - DOT

Huge difference regardless of company.

 

[Maui]

Remember, we're an airline, not a trucking company. It wouldn't apply to us.

Additionally....


So, unless you cross a state line with your route, the ruling does not affect you at all.

Yeah, there is too much risk in even seeking the exception. It is pretty awful though if you start really early to take it at 0800 or 0900. When I drove I liked to finish deliveries whenever possible and then take break. Most drivers I know do not like rule.

 

[MAKAVELI]

Yeah, there is too much risk in even seeking the exception. It is pretty awful though if you start really early to take it at 0800 or 0900. When I drove I liked to finish deliveries whenever possible and then take break. Most drivers I know do not like rule.

They may not like it. But it's there to protect them against abusive employers such as FedEx.

 

[bacha29]

They may not like it. But it's there to protect them against abusive employers such as FedEx.

This is probably another "at will" employee of a nonunion company in " right to work state" . If so then it's time to forget about it and move on but always mindful of the fact that if employed under those terms you are totally subjugated to the absolute will and power of the employer.

 

[MrFedEx]

Airplanes - FAA

Trucks - DOT

Huge difference regardless of company.

We are classified as an airline.

 

[OrioN]

We are classified as an airline.

When we all change to that unified Orange color, will "express" be renamed to "Air" ? it would make sense...

I still have customers chasing me down to take air mail envelopes and showing me the Orange status door tags, and have to clarify that I'm Green/ Ground

 

[MAKAVELI]

This is probably another "at will" employee of a nonunion company in " right to work state" . If so then it's time to forget about it and move on but always mindful of the fact that if employed under those terms you are totally subjugated to the absolute will and power of the employer.

FedEx is an at will employer but Cali is not a right to work state.

 

[MrFedEx]

Everyone does. I heard that a CA State Rep from Redlands got bill passed that companies in transportation can be exempted, but no large company has ever tried to use it
It is state law AND policy.

FedEx likes RTDs to take a waiver on the break law. Think about it. The plane is a couple of hours late, and then all the RTDs who started at 0330 or so need to take a break. So the already late P1 sits.

I won't sign a waiver.

 

[UpstateNYUPSer(Ret)]

FedEx likes RTDs to take a waiver on the break law. Think about it. The plane is a couple of hours late, and then all the RTDs who started at 0330 or so need to take a break. So the already late P1 sits.

I won't sign a waiver.

In our center they will send the city drivers out to make service on as many NDA as possible before having us come back for the late air. Do they do that where you are?

 

[McFeely]

In our center they will send the city drivers out to make service on as many NDA as possible before having us come back for the late air. Do they do that where you are?

At my station it depends on how late the late freight is. If we have some freight already loaded in our vans and another CTV is not due for another hour or more, they will send us out to deliver what we have and keep service. They then shuttle the later freight out to us, thereby destroying our day.

Some drivers in my station have a one hour stem time and get absolutely no help.

 

[Star B]

They only send us out with what we have is when the plane is 3+ hours late.

If the other shuttle is late, they will hold the SRA routes and send out DRA. Those are typically in-town with dedicated pickup routes that can run the two or three boxes that come in per route on the shuttle.

 

[!Retired!]

In our center they will send the city drivers out to make service on as many NDA as possible before having us come back for the late air. Do they do that where you are?

It depends how late the plane(s) is/are. Memphis was 1.5 hours late the other day and we waited. If it's 2 hours, I think, or more, some of the drivers come back and shuttle the freight out to us.

 

[whenIgetthere]

In our center they will send the city drivers out to make service on as many NDA as possible before having us come back for the late air. Do they do that where you are?

Yes

 

[FedExPseudoWife]

Things may have changed some regarding labor lawyers, since I left the legal support profession - and the actual facts of Mary Alice's case and her cause of action would definately make a difference (plus state laws differ) BUT, at least in my, 'right to work' state, labor law attnys doing labor law plaintiff's cases virtually never did so "on contingency fee basis".
Here these types of cases were always handled on an hourly fee basis (lawyer billing), plus a sizeable retainer up front.
Mary Alice - one way to get decent access to interview prospective counsel is through your county or state Bar Association. Many have a "lawyer referral" type program, which can refer a person to participating attorneys for ~1/2 hr. consult and over-view of your case. This can be a feasible (affordable) way to both get a realistic case assessment and have contact with prospective attnys to determine which one or more you wouldd want to pay to represent you.
Martindale-Hubbel ('the big book of lawyers' - actually did used to be a collection of huge bound printed volumes ) has a website where you can site-search for attnys based on areas of practice, and may well still include lists of representative clients and good background info on the attnys who choose to be listed with MH.
__________________

You, as in on your own, need to call a few attorneys and see if you have a feasible case. If you do, I hope you have your issue well documented.

No attorney will touch your case unless they think it's both winnable and profitable to them. If they do, they'll accept your case on a contingency basis. ...

 

[MrFedEx]

In our center they will send the city drivers out to make service on as many NDA as possible before having us come back for the late air. Do they do that where you are?

Sort of. Depends on how late it is and how many people show up. I'm at a ramp , but I'm aware that most of our locations have trouble just covering a normal operation.