AN OPEN LETTER TO GROUND & HOME DELIVERY DRIVERS
THE TRUTH ABOUT THE “INDEPENDENT TIMES”

By Tony Estrada & Jeff Morgan
Learn About Why FedEx Isn't Working For You, read more

We are the former RPS drivers who filed the original lawsuit -- Estrada v.
FedEx Ground -- in California . Since our long-awaited victory, FedEx's PR machine has been busy spinning, especially through the “Independent Times”, trying to make you think that FedEx actually won the case and has done nothing wrong in the way it treats its FEG drivers. Don't be fooled. The next
time you receive a copy of the IT, visit this site to get the other side of the story – the truth.

We think you deserve the truth. We're telling you what we testified to under oath about our experiences as P&D drivers just like you for many years (more about us follows). We know what you face on a daily basis unlike Rob Ostrov and Paul Callahan - -the FedEx execs who write to you monthly (or at least sign what is written for them) in the “ Independent Times . Their job is to make you think all is well or at least going to get better. We heard that line way too often during our years with the company – especially from supervisors -- and we know those promises are worthless. FedEx Ground is out for one thing - -what's good for FedEx Ground. We speak from experience.

Tony: I started at RPS in 1989 and really loved the work for many years and can still tell you the names of many of my customers. I was fired by John Smith (his real name) for no good reason on New Years Eve , 1998. I worked out of the Anaheim Terminal for nine years. Just when my truck was finally paid off, Smith, the terminal manager, told me my contract would not be “renewed,” even though I was always above 99% in service. I actually thought he was kidding - - after nine years of solid work, I just couldn't believe he was serious! But he was. He used to send us notes all the time threatening us and whenever one of the guys would protest that we were “independent contractors” and he couldn't tell us what to do, he would say: “I'm God in this terminal and I can do whatever I like!” Sound familiar? Talk like that got him promoted after we were canned.

Jeff: I started at RPS in 1993 at the same terminal as Tony. Like Tony, I was a hard worker with an excellent service record. We both worked non-stop and for years looked forward to each day . Unfortunately, in the terminal, I was always reminding Smith that my route was supposed to be “my business” and that I was supposed to be able to run it my way! Fat chance. I couldn't get approval for a second route even though my route was way too big and a new mall was opening in my area. Get this, the day my wife went into labor with my youngest daughter, the terminal manager called to say that she was on her way to the hospital. When I told him I was bringing in my truck and head to her bedside, he said, “No you don't, You have to finish your route or we will consider it route abandonment.” Unbelievable. But true. The same thing happened a year later when my baby daughter needed a heart procedure. Again, he wouldn't let me take the time to be in the hospital with her.

We've all got these horror stories, many that still keep us up nights, incredible stories told by independent contractors in name only.

We were left with no other choice than taking our complaints to a court since we couldn't get fairness from the company. That was May, 1999. We went to lots of pre-trial hearings, listened to the judges react to our case, and both were around for much of the nine-week trial. We met most of the courageous Ground drivers who testified under oath in support of our case and paid close attention to the company's witnesses. Thankfully, Judge Schwab read all those company policies that they never let us see and those secret files they kept on us without our knowledge.

That's right, secret files, some 3-4 inches thick.

These X Files were stuffed with notes about “business discussions” bosses claim they had with us out on the belt. What's in your file? A report on every time you bring back DNAs; a report that your bumper needs painting or you need a haircut; a mis-coded a package as a mislead? How about every time you were asked to track a package when the company messed up paperwork, or you disagreed with management about one thing or another? Is this how your “business partner” should act? From day one, they're building a case against you just in case they want to put you out of business.

If you have the time, read Judge Schwab order and opinion in the case, a must read for everybody at FEG. (click here for the opinion)

How sad that the company is still telling you it is business as usual at Ground and that you are independent contractors. This is simply not true. The Judge said that the company cannot misclassify us as independent contractors as long as it does business substantially the same way it was doing business in 2004. You know it and so do we: nothing has changed.

So FedEx and its PR squad try to make villains out of victims and those who've come to our aid. For example, they try to pit us against our legal team by putting out mistruths (another way of saying “lies”) that we have to pay taxes on legal fees. That's flat wrong. FedEx plays divide and conquer at Ground – trying to split our ranks and even paint our lawyers as money-grubbers. But you didn't think the company would tell you our attorneys have been working for us for seven years without getting paid, while FedEx's lawyers were being paid millions! And our lawyers paid all the case expenses, which we couldn't afford, while FedEx paid all the defense expenses. Now, even Fred Smith is leading the charge by attacking trial attorneys, unions, and all those who've exposed the independent contractor sham.

If FedEx really cared about the drivers, it would stop fighting us – in terminals and in court rooms -- and call us what we really are – employees – and give us health and other benefits we and our families deserve and to which we're legally entitled.

We're here to help and happy to answer any questions or concerns. You're on solid ground and we'll help you stand your ground. For more information, check out the info on this web site, or visit www.fedexwatch.com or www.fedexaminer.com. You can also drop us an email directly by clicking here--you can tell us about your experience, or simply write for more information.

Thanks.