The Next Big Class Action: Free Labor

Discussion in 'FedEx Discussions' started by MrFedEx, Oct 16, 2013.

  1. MrFedEx

    MrFedEx Engorged Member

    FedEx Express is forcing employees to work off the clock or lose their jobs. As demands simultaneously grow to meet SPH, and DRA slows couriers down, management is making it very clear (by OLCC or letter) that SPH will be met, or you are out the door. Faced with the very real threat of losing their jobs, many couriers opt to work through their lunch "breaks" in order to preserve their employment. In other words, FedEx has created a scenario in which many must cheat the system in order to survive the system.

    Please know that management already knows that many of you are falsifying, and as long as you don't have a wreck during "break" or get a ticket, they're fine with it. In fact, they LOVE it, because it boosts productivity and makes them look good. Fred likes it too, because you're providing free labor.

    The PowerPad statement/disclaimer won't protect FedEx on this one because it is they who are creating the untenable situation for couriers, who are literally forced by an invisible gun to their heads to "perform"...or else. Never mind that tasking someone with more than can be possibly done in that timeframe creates an impossible problem for the employee. Bring stuff back...get disciplined, or get lates...more discipline. In other words, FedEx has created a legal Catch-22 in which the courier is screwed either way. If they take the break and comply, they face discipline and/or termination for not making numbers. If they cheat and work through an unpaid "lunch", they risk termination if something happens during that time period that goes on the record...the ticket, accident, or customer compliment and/or complaint.

    FedEx is guilty. Just wait for the suit.
  2. dezguy

    dezguy Well-Known Member

    This really makes me wonder why you guys can't get the 51% you need to unionize. If people are being forced to work for free or lose their jobs, it would seem that would be the perfect reason to organize. Is it the same as here, too many people who have that purple coursing through their veins?
  3. Slave101

    Slave101 Member

    Because there are plenty of idiots who are scared to make some noise...
  4. StuffItFred

    StuffItFred Member

    The problem is there are too many employees/koolaid drinkers/a** kissers that think things will get better and they should just work through the BS and eventually they will get back what they gave away, like Sniper.

    Sadly these clowns are wrong. And eventually once the tucks medicated pads can't do the job anymore then they will regret their decisions.
  5. barnyard

    barnyard KTM rider Staff Member

    You might want to contact a labor lawyer and see what evidence you need to be gathering or documenting for a suit.
  6. Sniper

    Sniper Active Member

    Sorry no working on breaks for me. I had a nice 13/14 today at a roped off picnic table in the national forest...lmao :wink2:

    I do split my breaks to take care of my customers. It's not my customer's fault that :30 has been taken out the delivery cycle. It does the cutomer no good to get the package at 16:15 when they close at 16:30.

    As far as numbers issue, that is above my pay grade. Check ride request are an easy fix.
  7. Sniper

    Sniper Active Member

  8. Mr. 7

    Mr. 7 The monkey on the left.

    I NEVER work during a 13/14 or, my two 28/29s.
    It is what it is.
  9. TheJackal

    TheJackal Active Member

  10. 59 Dano

    59 Dano Some of my best friends are black.

    Exactly. The first thing he will ask you is, "Can you provide evidence that your employer has asked you or told you to work while on break?" When you tell him no, his next question will be, "Can you provide evidence that your employer has told you that your employment is in jeopardy if you don't work while on break?" When you tell him no again, he will tell you that you have a really tough case. He may say at that point that there's nothing he can do, but will probably ask for some more information.

    You will be asked about the break policy at some point in the consultation. You will tell him that the policy is that you can be terminated for working on your break and that your powerpad reminds you that you are not to work on your break when you start your break. This does not work in your favor.

    At some point you will get to the "If I don't make my productivity goals, I fear that I'll be fired" part. He will probably tell you that getting fired for performance reasons is not unusual. He will ask you if you have been given a clear and direct threat that you will be fired for not making your goals. He may ask you how many couriers have been fired for this, and if you can document it. It's not likely, but your answers ("I don't know" and "No") won't give him much to work with anyway.

    What's left is what was described in the original post. A courier chooses to work through his lunch breaks because he thinks that he has to in order to keep his job despite being told nothing of the sort. That's probably going to be the point where he tells you that your complaint, such as it is, consists of you deciding on your own and without being told, asked, or threatened with termination to work through your breaks; doing so with the knowledge and understanding that your employer's policy is that you are never to work during a break; and it's your employer's fault.

    If you're going to take that course of action, give the attorney something to work with. Believe it or not, there is a legal term in employment law for taking it upon yourself to work through your break: screwed.
  11. MrFedEx

    MrFedEx Engorged Member

    Sorry, Mr. Shill, but when an organization creates a Catch-22 situation, it (the organization) becomes responsible for creating said situation. You know what's happening, so do dispatchers, managers, couriers, and upper management, including our esteemed Scott Mugno, top safety flunky. FedEx is forcing people to work off the clock to keep their jobs. If you follow safety policy, you get disciplined and/or fired eventually, so the company is talking out both sides of it's collective mouth. They encourage working through break via discipline policies that in effect, demand non-compliance.

    It's conspiratorial and also coercive, and it will eventually become a lawsuit. The fact you jumped on this means they are concerned, doesn't it? MT3 says he wants a foot rub and a fresh latte'...hop to it, lackey.
  12. Cactus

    Cactus Just telling it like it is

    Managers can be put under oath in a court of law and be asked "you've known for quite awhile that your employees were working through their breaks, correct?" "Why didn't you take any action before now?" Etc. etc.
  13. dezguy

    dezguy Well-Known Member

    If this is happening to you, your best course of action may be requesting a meeting with your manager and have a fellow employee (whom you trust) sit in as a witness. Tell your manager you cannot meet your goals without having to work through break and that said goals need to be adjusted. Either your manager will be forced to look into why you can't meet goals and adjust them or he/she will do nothing, in which case you have a witness to back you up when discipline inevitably comes. Don't work through your break people.
  14. MrFedEx

    MrFedEx Engorged Member

    Don't admit anything!! You have just helpfully provided cause to fire you FedEx likes to pretend this problem doesn't exist
  15. barnyard

    barnyard KTM rider Staff Member

    I would still suggest contacting a labor lawyer to find out what evidence you need to be documenting.
  16. MrFedEx

    MrFedEx Engorged Member

    Let me add something. Besides never working through your break, never confide in management about anything. The entire FedEx system is predicated upon a "management vs. labor" philosophy. They already KNOW what is going on, and the corporation is implicitly endorsing working off the clock because it financially benefits them. If you go to management and "reveal" this problem, you have just placed yourself on their radar as a troublemaker. If they so choose, they will begin investigating you to see if you are violating the policy that many are routinely ignoring because they have to. If you admit you've done it, they could fire you on the spot.

    Never trust management, WAD, and don't falsely raise productivity and give Fred free money by working off the clock.
  17. vantexan

    vantexan Well-Known Member

    If you happen to be new on a route, and are told by customers that previous courier was calling them to see if they had anything that day, or picking up early, etc., document it with names and dates. Keep it to yourself and only reveal that info if FedEx claims you aren't meeting the standard established by previous employee. And even then only on advice of legal counsel. If that info in civil suit wins your case it might get you some money and may convince FedEx to try new tactics.
  18. CJinx

    CJinx Well-Known Member

    Yeah, but they'll just commit perjury. They will admit incompetence before negligence.
  19. Cactus

    Cactus Just telling it like it is

    Fine and let them get caught committing perjury. I for one would be happy, happy, happy to see our managers sitting behind bars.
  20. 59 Dano

    59 Dano Some of my best friends are black.

    I'm sorry, your juris doctorate came from where?

    If someone is going to go forward with a case of this type, he'd better have his act together. None of this, "Well I have no documentation of anything, but in my my opinion that's what they're doing. My friend Jimmy thinks that's what's up, too." But first he has to get fired.