Fedex Overtime Lawsuit Attorney

Fedex Drivers - Who is Liable for Any Wrongdoing?

There are countless issues that can arise when a company or its workers are accused of wrongdoing. Whether the parties being accused acted willfully or merely negligently, the same questions can always arise as to whom to attempt to hold accountable. This only gets even more complicated when one considers the situation with Fedex and its delivery drivers. While the company considers them independent contractors, the drivers, some governmental agencies and other groups are attempting to have them classified as employees.

This makes a big difference in regards to potential liability, and below we'll examine how any ultimate decision on how these drivers are classified could affect any future litigation or claims for damages and the like in the future.

Employees

The law is pretty clear regarding employees and their liabilities in respect to their employers. If an employee commits an act or omission while working for his employer and in furtherance of his or her occupation, the employer can and generally will be held liable for damages should the case be decided that way. However, if an employee was on an unscheduled lunch break or otherwise acting outside the scope of his or her duty, then the employer will generally not be found liable and the employee is on his or her own, so to speak.

Independent Contractors

The analysis of independent contractors is almost entirely different, and more complicated. Generally speaking, an independent contractor is responsible for his or her own liability, as he or she is technically not "employed" by an employer. He or she is seen as running an independent business, and the underlying company can generally be left out of any litigation.

However, there are exceptions. For instance, if an independent contractor "holds him or herself out" to be an employee, and it's reasonable to assume that the person is an employee of the company, it is possible for that company to be included in a lawsuit. This is interesting when applying this analysis to Fedex. Even though drivers are technically independent contractors, they wear Fedex uniforms, wear Fedex name tags and drive trucks with Fedex logos on both sides.

Results have been somewhat mixed so far in regards to whether the company is liable, but this is yet another issue to consider regarding classification of Fedex drivers. If you have been harmed as a result of this classification, contact a Fedex overtime attorney at Pulaski & Middleman today to schedule a free initial consultation.