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Seasonal Help - The Right to Refuse to Hire?

On a recent Tuesday morning at 7:00am there was a meeting to discuss peak season.

My boyfriend couldn't make it because he had to pick his truck up from the shop (which opened at 7:00) before heading in - it wasn't finished until late Monday evening and he couldn't get there in time before closing. It's not like they actually give "fair warning" of a few days when they schedule these meetings so he can plan around them and Mondays are the only days he can schedule appointments for maintenance (shops aren't generally open on Sundays).

So, he only caught the very tail end of the meeting where he heard, "So, in closing we'd like to see your plans on hiring additional help for the peak season."

His plan on hiring help? He's not planning on it, plain and simple. It's going to get interesting -really- but he could care less about them trying to say he's in breach of contract.

FHD really doesn't want this fleet/employee responsibility, so this year it seems they've gotten together to decided that the Contractors should hire temps and rent trucks.

I've gone through his very open ended contract a few times to see where they say you "MUST" hire help to deal with all of the packages we decide to heap on you. The only terms I see are they "MAY" hire help. From what I can gather, if push comes to shove, they can only make Contractors handle what is physically possible from the standpoint of the DOT hours.

SO, if he can only handle say 190 stops in 12 hours or 950 amount of stops in the concurrent hour limit, anything over that is their problem.

I'd like to see them back the concept that they have the right to tell a 1099 Employee that they must hire employee's themselves. As it stands, they push the definition of a 1099 employee to the very limit. Technically a company has zero right to tell another company (a 1099 employee basically) anything. Not what they should do, how they should do it and the volume of service they should supply.

I'm thinking by leaving the contract open ended so there is no definition of things like "expected and acceptable" volume of packages handled, they can try pull something like this to claim "breach of contract".

Lets just say I'm a builder who uses particular vendors and have working deals with them. I suddenly want to build 50 houses by the end of the year and I need doors, 1 front, 1 back. I say say to a local door fabricator, YOU MUST GIVE ME 100 DOORS BY END OF MONTH. The fabricator has the right to say, nope, we just can't supply 100 doors because we only can produce 50 doors by the end of the year with the staff of 2 long term reliable people that I have. Its not worth it to me to hire 2 more people to train them for the short term because, not only do I have additional wages, I have to worry about things like my door building reputation because their work may not be as good, as well as worry what if one decides to walk out because they found a long term job and can't risk loosing it over the short term job and I've committed to 100 doors. I as the builder have the right to walk away from the relationship and find someone who can supply 100 doors.

The FHD contract in a way, though, should be able to cover the contractor because if the norm is 100-150 packages and that is "reasonable" for the contractor's business model of a single piece of equipment/operator how can it suddenly become "unreasonable" if he/she can't go over that volume? FHD shouldn't have the right to say, well, you can't cover 250 package per day when I want you to, I have the right to find someone to fill your slot that would.

We'll see how it all works out, but its no wonder our State had been investigating their practices. I'm wondering how much payola had to go out to make the DOL turn their head and say, yeah, these guys ARE 1099s.

Dogs

He managed to punch the pitbull that dove at him through the unlatched screen door and send him flying off of the porch or this could have been worse.

FedEx Management's policy on dogbites? You are on your own buddy. Good thing the dog didn't have rabies, otherwise he'd have been paying a temp for a while, that is, IF he could find someone.

Another Blog wtih Contractor Comments

I just found an archive of comments on a blog that I hadn't noticed before. T & G Blog: FedEx Home Delivery SUCKS. Its a blog with a page complaining about FedEx. However, There are a lot of comments from contractors there. I wish I had run into those comments when my Boyfriend had first taken on the route since I was looking around for the very thing. No one was really honest with him during the initial phase. Hopefully if my blog ever gets crawled, prospective contractors might find this helpful as well.

The Idiot Delivery Guy vs FedEx vs the Idiot Customer

I was doing some searching for FedEx Home Delivery Sucks in google and have been reading horror stories from some disgruntled customers. I sympathize, I really do. I've heard some really good stories about some of the guys that operate out of the terminal. I've also heard some stories about how some packages become nightmare packages.

People shouldn't jump to blame the "messenger". Sure, as a customer I expect and deserve efficient and courteous service. Sometimes it IS the guy's fault, sometimes its the terminal's fault and sometimes its the customers fault (and yes, it can be).

Some Complaints I've read.

THEY CAN'T CALL THE DRIVER!?!:
If you ever call FedEx to locate a missing package, and you're told that its FedEx Home and you hear the "story" that they can't get in touch with the driver, it is most likely FACT. FedEx Home Delivery does not supply radios or phones to them though it would be in their best interest to do so. If the driver doesn't "supply" a phone to the business (most do carry a personal phone for emergencies only - He carries one because its worth the expense to him), then they are out of touch. And, if you only get around $1.17 to make a stop and around another $.22 for a single package (any size, no matter what the customer pays for the weight/size - a % would be more equitable but that is another issue) you try to make sure your cost to deliver the package stays minimal. Go over your minutes on a cell plan, call a customer and the earnings on the package goes down to nothing. FHD likes it this way. Cost savings to them.

THEY CAN'T FIND MY ADDRESS - OR WON'T:
The structure is as an Owner Operator contract. This gives FHD the opportunity to pass off most responsibilities and costs to the drivers.

The guys supply a vehicle, fuel, a body and anything else they feel they need and can afford to get the package to the door. Fedex Home has "planning" software (drivers pay a fee for this "support package") that gives them the list of addresses with the package number, a probable most efficient sequence for delivery and a highly general map with turn by turn instructions that usually are wrong (and very often direct them the opposite way down one way streets).

The drivers have to supply their own street maps and don't have access to the same maps used by the US Postal Service (those are proprietary, highly accurate and not for sale). They don't have access to the "main" FedEx divisions mapping service, which is infinitely better and more expensive, because they are not the same company and don't share. If you live in a relatively new development, the planning software and maps that the guys use DO NOT have your address on them. These packages don't get sequenced and are listed separately. If a contractor has been doing the route for a while and/or they've found the street before, your address is most likely not a problem and they can put it in the sequence themselves. If they haven't been to the street, well, somehow it needs to be found - therein lies the challenge. Since FHD doesn't have good map resources, no internet stations at the terminal to try online maps and the packages usually don't have customer phone numbers on them - the driver is somewhat limited. Sometimes they can use the good old local phone book (kept on the dash of the truck) and if they find you listed or you are not strictly using a cellphone, the driver MAY be able to get you to give him/her instructions . If not, how does he/she find your house? Spend a 1/2 hour researching the company that shipped it to call them to find numbers to call you? Drive randomly around in an area that MAY be the right street? Bother the local police department? Flag down USPS drivers to ask? When I'm not at a client myself (I run my own business), I also try and track them down.

If its a normal day (about 100 stops) it takes about an hour to load the truck from their allotment, 1/2 hour - 1 hour to drive to stop 1 and, if driver can do 1 stop every 5-6 minutes, they may get lucky and have a 9-10 hour work day (without commute). They legally should only be actively driving/loading 12 hours per day and that clock starts ticking from the moment they scan the first package at loading to the minute they upload the scanner data at night. They have to try to get from stop to stop as quickly as possible. They only have limited time to look for mystery addresses. They don't necessarily even take lunch breaks or stop at restrooms for "bio breaks" (can you say "snapple bottle?")

Although all terminals may be different, it seems FHD really wants to put package location ownership on the driver although if they can't find the place, the task will finally fall on the QA department. You would think that the the QA department would automatically pitch in and locate places that the driver and the software that he/she pays for can't - to Assure Quality. Well, FHD would have to hire more people for that. So, it seems, if a driver cannot locate an address, the QA department has the following directives: 1. Blame the driver when talking to customers first and foremost 2. Criticize the driver to their face for not figuring it out in order to "convince" them that its their responsibility. The QA guy at my boyfriend's terminal sounds like he's got a power trip problem and gets really put out if he has to actually help. Some guys won't even talk to him and deal ONLY with the floor guy who does the route "planning".

SO, If their day is a very heavy one, some guys may not even bother to find the unlisted address so that QA HAS to deal with it when they return the package the next day. All and all, if the package is on the truck, they WANT to get it to you so they get paid and it doesn't keep taking up space.

Some other things that people overlook. DO YOU HAVE A NUMBER ON YOUR HOUSE OR MAILBOX? Numbers aren't always sequential so they WON'T play a guessing game. If they drop the package at the wrong address because they assume that the house they want, 404, is between 402 and 406 and it goes missing, they pay, out of pocket, the cost of the object. If they loose a $400 package, that means a few days earnings go out the window. Its not worth it to drop at "maybe" the right address.

If you order packages using ANY carrier, do everyone, including yourself, a favor and make sure you include instructions if you are in a new/odd area, make sure you have a house number and try and always include a cross street.

THEY LEFT AND I WAS HOME!!!
As I mentioned above, to even remotely have a normal day, the drivers have got to move at a steady pace between stops. FHD even encourages them to move "briskly" during training and it is a "rating" point. They want to see hustle and they want maximum volume from each contractor. They have to pay a per day fee for the truck -- so cost wise its better to have 4 trucks do 10 hours worth than 5 trucks doing 8 hours. Although they can just drop some packages in "hidden" ways, there are certain packages which require signatures or hand delivery (like apartments, bad neighborhoods). They will only wait so long, ring so many times and leave. They have to keep moving. And people can get aggravating to the point where I can see these guys getting pretty intolerant of waiting.

One day, in a "no drop zone", my boyfriend (BF) was sure that there was someone home. It was summer, the doors and windows were open and he could hear music downstairs and a guy talking on the phone upstairs. He knocked once and nothing. Tried the bell - broken. Knocked again by punching hard on the door and got the person's attention. The guy looked out the window and yelled, "what the F**^ do you want?" BF replied, "FedEx, I have a package for you." "Umph" replied the guy and continued his conversation. This went on for a bit. He knocked again and the guy continued the conversation. Finally BF yells "FINE, YOU OBVIOUSLY DON'T WANT THIS, I'M GOING", he got in the truck and the guy finally came running down to stop him from leaving.

Clearly this isn't the typical customer but people taking their sweet time coming to the door happens a lot and so do broken doorbells and people being in the bathroom when the driver knocks. They WILL stay longer to wait for you if they really think you are home and they don't have an overload of packages, but again their time is LIMITED. Logically, if the driver was there and you see them pulling out, they made an attempt. It costs them GAS money to get to you and they really don't want to waste a trip.

THEY JUST KEEP COMING BUT DON'T LEAVE THE PACKAGE.
FedEx Home Delivery has a program called the Driver Release Program. It states that they can leave a package if they can place it somewhere not visible from the street or traffic (foot or otherwise). If they give it to a neighbor, they have to get the neighbor to sign and leave you a sticky on the door. Seems like no one wants to take that responsibility though so they don't try very hard to find a neighbor. If they hide it they leave a sticky on the door telling you where it is but that is not very foolproof so if they don't feel safe leaving the package, they will leave you a note giving you an approximate time that they will come back (they can only estimate, from day to day the route CHANGES, unlike the USPS.) They try 3 times.

The drivers are charged for stolen/missing packages so they are very diligent about not leaving things laying around. If a worker is at your house and you aren't home, chances are they won't drop a package either. Sometimes they might get the person to sign for it but overall, what's to stop that person from taking the package and the sticky off the door. What's to stop a neigboor or anyone else for that matter from seeing the note on the door and taking the package themselves? Its a very flawed system.

They are supposed to be getting cameras on their scanners evidently (though we keep hearing that story so I'm starting to believe its a story) to help stop fraudulent claims. They happen. BF left an expensive package at a pretty nice house in a very rich neighborhood once. He put it in an enclosed back porch. It was a large item, wrapped in plastic and he could see what it looked like. A few days after he got a "claim" in his inbox that said "the household had checked the fedex site, saw the package delivered but it wasn't there". He checked and there were no other packages listed for the house. Whenever there is a claim, the driver has to investigate in case he made a mistake. He called them to explain that it was on the back porch, to double check the shipping number and had them tell him, "no, it never came". That same morning he stopped at the address to check and see if it was correct - and the package was no longer on the porch. Since the household kept their garbage cans on the side of the house, he decided to take a peek. Sure enough, the wrapping from the package was in the top of can with the FedEx label still attached. He got the evidence and turned it in. Had he not found it, it could have been an $1200 claim. His contract says he's liable for the first $500. Imagine if you lost a full week's earnings over someone trying to rip off FedEx?

They have to be cautious, really they do.

SO, there are reasons of self protection that the Idiot FedEx Guys do what they do. If FedEx Home Delivery had a better sense of customer support and didn't cut corners on everything and paid a % share on the cost of package shipping, the drivers' would find it easier to take the extra time, all of the time. They sometimes just can't.

Today's issue - Appointment Delivery

I started this blog today because I am aggravated over what he told me on the phone this morning. Over the past month, contractors have been dropping like flies. They get "temp" drivers who are really contractors who are in "training" to eventually take on routes. They are also walking away with apparent disgust without going through the whole program. They are SHORT on contractors and they won't hire temporary employees and rent trucks.

Understand that this venture is supposed to be for a "core zone" (which FHD gives you a payment for temporarily and then "phases it out - a whole other post") that each driver delivers. This amounts to certain zipcodes and is supposed to include enough packages to make it worthwhile for both the contractor and FHD . The contractor is supposed to operate for a reasonable amount of hours per day and deliver enough packages so FHD doesn't have to hire too many contractors to get the job done. FHD is supposed to give them enough deliveries to cover expenses AND earn a living.

FHD reserves rights, however, to "flex" things a bit. Flexing lately seems to mean --"if they become shorthanded, it isn't their problem, its the problem of all of the contractors". (Personally, I think the whole system is designed to benefit ONLY FHD in any circumstance.)

To add to it, in a burst of genius lately, there have been promotions, and some of the hard core, long term contractors have been "promoted" to being real employees. The funny part is, the promotions became effective without replacement contractors being assigned so now there are even more package/stops that need to happen and less people.

Result? Push even more packages on the contractors who are supposed to be setting their own standards of operations. If the contractor complains, they just shrug and say, its "part of the deal" which it legally "isn't" part of the deal since "flexing" means suddenly "adding areas to a core zone" something that is supposed to require amendments to the agreement in writing. (if they ever followed the agreement that is). Result #2? 10 hour days become 12 hour days (12 hours is the DOT legal limit that they can be conducting the services). Result #3? The contractors start to rush to get done and mistakes happen. Drivers literally don't have time to hang out and ask neighboors to sign for packages, wait for people to decide to come to the door (another whole post itself) or concoct hiding spots for things. And remember, if a package is reported missing after a contractor releases it and it's decided that it wasn't "released right" it is THEIR owness and its deducted from their earnings. So if one of these guys doesn't drop that $1200 flatscreen you couldn't get at Best Buy because you saved $10, its because he's concerned about loosing more than a weeks pay. And, no he really MAY NOT have the time to try the neighboor or make sure you aren't home and just not hearing the bell because you are taking a shit or something.

So, today, not only did they give him more than just his own route to cover, they decided to add the fun of giving him a "scheduled" delivery at a time where he'd be more than 1/2 hour away from the spot he'd be on the charted route. That looses him a full hour unless he sits down an manually recharts everything since they can't seem to figure out how to put "midpoints" into the planning software to accomodate this (and I'm sure that there must be a way to do such a thing). Could they replan the route? Nope, the guy who does that job can't be just rearranging things to suit the contractors at their whim (even though they pay a fee to have the routes charted). Can they drop some of the packages from the route? Nope, no one to take them.

With this apparent shortage, why don't they hire temps? Because it would cost money to rent trucks and pay temp wages. The whole point of this program, after all, is to wipe their hands of the nasty concept of having a fleet and employees.

So, he will run around and waste time today to make an extra $3 for the hour it takes out of the route to do the "appointment". Nice deal, huh?

[UPDATE]. The whole process of doing the appointment cost him 1 1/2 hours and an extra 50 miles tacked onto the route. All told he was paid a total of $6.17 (1.17 for the stop, $5 for the package) for the "appoinment delivery" but spent around $8.95 in gas to do it. A loss of $2.78. FedEx charges the customer $15 for the appoinment delivery but it doesn't cost them ANYTHING extra in the package cycle, WHY doesn't the contractor get the entire $15? Because its FedEx Home Delivery, that's why.

Reality Check - "Make your own hours"

One thing that they stress in the contract, and build up in their "join our team" glossies, is that "you are running a business and you can make your own hours".

REALITY CHECK. If he doesn't show up when they want him to (just like any other job) he gets questioned by the management there. They'd "like" everyone to be there early. They can't say that everyone MUST be there at 6:30 am because that would be in direct contradiction of the Federal and State definitions of 1099 employees, but they seem to have their way of suggesting things that means "you must do it". His getting there at 7:30 already bothers management. There was a woman who was doing a route because of this very "advertised perk". She got her kids off to school first before showing up and evidently this was perceived as a problem. Evidently they would have "talks" with her about it. She walked and basically told them to shove the route a few months ago.

There is no real reason that anyone has to get there by any particular time. One point stands out pretty clear though, if they are there early, the packages aren't totally sorted yet onto the individual drivers "pallets". From what I can gather it seems an excellent way to have the drivers start doing the sorting (stand at the conveyor, look for your package, run it to your pallet) that they would normally have "pickers" do. And this was not part of any of the "business description or training". This is something they have decided to try and "tack on" recently by suggesting, "hey the packages aren't done being sorted, if you are just standing there why not pitch in" or something to that effect. I know "cost reduction measures" when I smell them.

The drivers are basically paid:

1. to have a vehicle available (its like leasing it to FHD for the day)
2. per stop they make and
3. per package they deliver.

I think of it like this. You take the sum of the 3 above items, subtract the day's expanses and divide it by how long it takes to do the route and you get an estimate of an hourly rate that you can compare to a normal gross- most 1099 hourly contractors I know think in these terms. Any of these "why don't you help us out with this" type of extras that they ask the drivers to do really tick away from their hourly rate and FedEx gets some free labor.

Showing up after the packages are done being sorted means he can scan them, load them and get on his way. Its evidently not a stance that makes you one of the "popular" drivers.

FED EX HOME DELIVERY SUCKS

Why I'm doing this......

My boyfriend doesn't know I'm posting this blog but I have yet to see any negative or postitive comments about this "business prospect" out there. Probably because the current contractors won't open their mouths and because the past contractors just don't want to think about the place.

This journal is about some of the the reality and contradictory aspects of what I see as a not entirely lucrative "business" proposition. Its from the eyes of someone who gets to take the brunt of his aggravation.

And believe me, if they could trace this back to him, I'm sure they'd make his life living hell. I just cannot wait until the contract expires and he tells them to kiss his ass, unless that day comes sooner..............