> It's more than that with FedexCC. Forced dispatch makes you
>an employee, not a independant contractor. Ask the IRS! Ask
>Fedex Ground!
>
> I believe Fedex's legal advisors have had a lot to do with
>the changes. We used to get punished for going home (bubble
>up), or going to an unauthorized express center. Pretty
>shaky, legaly, if you're NOT an employee.
Sorry if this is going off topic.
I do not agree – force dispatching does not make you an employee. The IRS is one of two that make that determination; the Department of Labor usually has the final say in it. The IRS can only force the company to pay you wages, the DOL can force the company to recognize and treat you as an employee.
Using this premise – if force dispatching makes you an employee, well then acceptance percentage in a contract also make you an employee by the mere fact that you are force to take a percentage of your offers. I know almost every company has some percentage that they deem necessary to have a contractor on board in a cost effective manner.
I worked the contractor and the company end for many years – hiring/firing contactors, working with contracting houses big and small and worked with a larger than FedEx legal department by 3 or 4 times to know that there are things you can do and things you can’t do and force dispatching is something that can be done and legally. The reason I say this is that you are contracted to do a job – help the company produce revenue by moving something from point a to point b, there is a set amount for that job flat rate or percentage in your contract to do the work so the company depends on your independence to get that item from point a to point b legally, safely and on time – the key words are independence and on time. They suggest the route, but they do not tell you how to run your truck, how to secure the item or what to do in an emergency – independence. If you say no to an offer the company can simply say ok you don’t want to help us, we don’t need you.
Many of the suits being brought against FedEx has to do with the elimination of the independent nature of the relationship between the company and the contractor – not forced dispatching. The ground people are forced dispatched by the nature of their route, the package they accept to take to deliver on the route and the expectations of the customer who paid for the service directly or indirectly.
On topic, negativity is the root of all solutions – to look for things in a negative way leads you to the positives and solutions to eliminate the negatives. I was trained to look for problems - negatives, look at things negativity and to act on them to change them. I complain a lot but over all I see what others miss and enjoy life a lot more. My life sucks right now, no doubt about that but over all I see the light at the end of the tunnel and not upset with my situation - I know what I can do and can't do to change it and working towards changing it.
Oh yea, many of the older people I grew up with were complainers, some complained about everything – from Roosevelt to the price of gas (1973). It must have some positive effect on longevity because most of them lived into their 80’s and 90’s without too much difficulty. I guess become complacent when you retire has a lot to do with it – none of them were complacent, you think?