An Open Letter to Judge Robert L. Miller, Jr.

re: Willis v. FedEx Class Action Lawsuit

Your Honor,

Please, do not approve the proposed settlement in the Willis v. Federal Express class action lawsuit! I can’t speak for all of the members of this class action, but to allow FedEx off the hook after years of mis-classifying employees as contractors is a terrible miscarriage of justice.

The proposed settlement comes nowhere near re-paying We the Mis-Classified Employees of FedEx Ground for years of paying FedEx’s expenses. New trucks and maintenance, FedEx uniforms, scanners, customer complaints and claims (not always investigated) and employer taxes were all paid by us when FedEx should have been covering them as part of their own business model. As part of their model, drivers were also not paid for stops requiring a customer signature that went un-delivered because the customer was not available. How many thousands of stops do you think this represents? Unpaid stops legitimately attempted by the driver, yet unpaid by FedEx. I understand that the settlement was reached with FedEx claiming they did nothing wrong, but if you owned a business, why would you pay out hundreds of millions of dollars to thousands of people who couldn’t afford their own attorney, if you truly believed you did nothing wrong? Please, do not approve this deal.

FedEx has also led the public to believe that their new business model has changed and that they only do business with companies who have their own employees. This may be among the biggest hoaxes they’ve floated to date. Many of these so-called companies are the same contractors they used in their flawed contractor model. Their employees? In many cases are former single route drivers who can no longer afford to fulfill the FedEx Purple Promise. FedEx has ruled that there will be no more single route drivers and that these businesses must own a larger number of stops per day, forcing some single route drivers to give up their route prior to the implementation of the new FedEx ISP model, unable to meet FedEx’s new standard. There are only so many stops per day to go around, and since they will now be requiring owners to have a minimum of 500 per day, someone will have to go. And if what FedEx has claimed is true, that these former route drivers were businesses, then their actions have also not only driven down the price that these distressed single route drivers could expect to receive trying to sell off a route, but it was a way of forcing them out of what they (not me) would call, business. Why would these new employee based businesses pay top dollar for a route when they know that the distressed route owner has to sell to get out? Or why not just wait, if the driver is unable to sell, FedEx can just assign the route to the business that makes the most geographical sense. Again, I ask you, please do not approve this settlement.

The system that the administrators and FedEx used for calculating payments is also extremely suspect. They have calculated that if you worked 35 or more hours per week then you are entitled to a settlement of $41.13 for each of those weeks. This after having sent documents stating the rate was $65.83 per week. What business or legal entity would send a letter so grossly wrong to 12,000 people? Their needs to be some investigation into this type of incompetence. Having done this job since July 2001, I can tell you, if you only worked 35 hours in a week you were lucky. We switched to larger trucks around 2004 which meant that our hours of service had to include time spent loading our trucks. It’s my opinion that drivers actually worked closer to 45-50 hours per week, and during the busier peak season 60-70 hours or more. I will also tell you that many drivers did not include these hours when logging onto scanners in the morning for fear of violating their hours of service limitations. And FedEx managers knew it. I won’t say they openly suggested it, but when they signed off on daily settlements, they knew what the drivers were doing and what they were signing. Ask me about the snowy morning they closed the doors, refusing to let drivers leave until one of their late trailers was unloaded. What is that? Kidnapping? False Imprisonment? Please, do not give into corporate greed and send them back to the table.

I also have questions about the resources used to calculate these settlements. I started with FedEx in July of 2001 with a signed operating agreement. I drove full time and was dispatched from a terminal in Pennsylvania, just as the settlement requires. I still am . Yet in conversations with other drivers, most are being paid more than me, sometimes up to $10,000 more. If I meet all of the requirements, have been there longer than any other driver, why would others be receiving more in the settlement? As stated previously, I have no faith in the ability of FedEx to properly determine the correct settlement for time served. Are they only using hours based on scanner information, if so, we didn’t even have scanners when we started at FedEx. Where are they pulling their information from?? Who knows??? There has been no communication on this issue. Do I have to lawyer-up and subpoena the information from FedEx? 

Federal Express has employees they call Contractor Relations. Require Federal Express to use these employees and the law suit administrators, to sit down with each distressed driver and go over their individual numbers. To many of us it’s too important to just throw our hands up and say, “We’ll take it.” For many of us, this is our pension, this is the money we will use to pay off those credit cards still filled with charges related to years of driving for FedEx. A chance to get out of debt. Debt that not one single FedEx employee has had to incur while they drove for FedEx. And tragically, after living life week to week, this may also be all of the money they have ever been able to save while driving a FedEx route.

Your Honor, just to let you know how much we drivers really cared for FedEx customers, I’ve imageincluded a photo showing you how one resourceful driver did everything possible to keep a FedEx customer package dry from the weather and safe from those who might want to steal it. And they left a door tag. And FedEx probably charged that driver $280 (depending on the actual date this was done) for leaving the package at an improper location. See how they are? And the photo at the top? The customer failed to sign their artwork, so the driver was not allowed to leave the package according to FedEx policy. We deserve better for that kind of adherence to their rules and our courteous and careful service in crappy weather.

Please your honor, do not approve this deal. Doing so would be a miscarriage of justice and only serve to allow FedEx to get away with their charade.
Careful

5 thoughts on “An Open Letter to Judge Robert L. Miller, Jr.”

  1. Amen to that!! Who ever this is you are my HERO.I agree with you 100%. This proposed settlement is a disgrace!! The more i think about it the angrier i get.Of course Fed Ex loves this deal,they are getting off cheap(they are laughing at us contractors)

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    1. Thanks for taking the time to read the post. Like you, I feel cheated by this settlement, especially when you consider the settlement for contractors in California. Unfortunately I get the feeling more and more that I’ll have to take what’s offered. Not enough others are willing to question the settlement. Are you planning on protesting your settlement? What are you hearing from others about the settlement?

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      1. Of course we’ll probably have to accept what is offered? But the contractors still can send letters of objection to the court and attorneys.Maybe and just maybe if they receive enough objections to this settlement Judge Miller will have to take a serious look,who knows. Yes, their are other contractors that i have spoken to feel the same way as me.The only thing we can do at this time i guess, is to send in the letters of objection and see what happens at the Fairness hearing.Hopefully contractors in the other states will do the same,because i’m sure their not too happy either. The more the merrier!

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      2. I don’t know if you’ve heard anything about the settlement in California, but apparently their expecting $249/week. As soon as I can get a copy of the letter I’ll put it out there for people to see. The $41.13 they settled for in our case is a terrible miscarriage of justice. More people need to see what a bad deal this is and make sure they protest the settlement. For too many people this may be the only money they can call savings from all of their years of mistreatment. I was mad before, but if the California number is right, it’s an outrage and action needs to be taken immediately!

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  2. Yes i have heard, California contractors settled for 226.5 million to be shared by about 2200 drivers.Their weekly payout is $240 a week for fxg and $190 a week for fhd. But from what i read they are also being reimbursed for their expenses,i.e truck,fuel,insurance,etc. The settlement FedEx came up with for the 20 other states only cover the weeks worked. So,the $41.13 a week comes out to about 8 dollars a day or about 75 cents an hour yippee!!! and thats if your work a 10 hour day,which is normally not the case.Now, California does have tougher laws regarding the independent contractor-vs-employee status. That is probably why they are getting their expenses back?

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