Sheehan v. Fedex Corporation

No. 05-10936 (RGS) (D. Mass. filed May 6, 2005) ; Clearinghouse Number: 55926

Description

Delivery Drivers Sue FedEx for Classifying Them as Independent Contractors

Abstract

Current and former delivery drivers, on behalf of a national class, are suing FedEx and its subsidiaries in district court for classifying them as independent contractors rather than employees. Plaintiffs say that defendants required them to sign form-contractor agreements but unilaterally set the terms and compensation rate and manifested a level of control that demonstrated plaintiffs’ status as employees. Defendants’ control included requiring drivers to adorn their trucks with defendants’ logo and wear uniforms, effectively prohibiting drivers from using their trucks for other business; paying drivers at a weekly rate, based on time worked, in addition to the per-package rate; changing routes without drivers’ permission; installing global positioning systems in drivers’ vehicles to track their whereabouts; and preventing drivers from choosing when and how much they worked for defendants. Plaintiffs charge defendants with breach of contract, misrepresentation, unjust enrichment, conversion, and promissory estoppel (sic) in violation of several states’ laws and with violation of states’ common or statutory independent contractor laws. Plaintiffs seek declaratory and injunctive relief, recovery of quantum meruit and other damages, and disgorgement of unjust profits.

Additional Information

Attorney Information
Docket Date
2005-05-06 00:00:00+00:00

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