Massachusetts Awards Unemployment to Fired Wilmington Driver - June 15, 2007

In yet another blow to FedEx's scheme to classify employees as independent contractors, Massachusetts has awarded a former FedEx Home Delivery driver unemployment benefits retroactive to his firing this past March.

"FedEx's illegal misclassification of its employees as independent contractors continues to unravel," said Sean M. O'Brien, President of Local 25 in Boston, which represents FedEx Home Delivery drivers at two locations in Wilmington, Massachusetts.

Former driver Joe Pasquale was fired in March after the company asserted that he abandoned his route. Pasquale was a supporter of Local 25's successful organizing campaign, voting along with his coworkers to join the Teamsters.

During the campaign, Pasquale found out he had cancer. In fact, Pasquale showed up to vote right after leaving a chemotherapy treatment, inspiring his coworkers. When he became too ill, the company hired someone to take over his route, and Pasquale had no input into that decision. The replacement worker failed to perform the job, but Pasquale was held responsible by the company and fired.

At Local 25's urging, Pasquale filed for unemployment benefits. This week, the state agreed that Pasquale is eligible for the benefits because he was an employee.

"This case furthers a precedent in Massachusetts that if FedEx fires a driver from its Home Delivery or Ground divisions, they must pay his or her insurance," O'Brien said. "These workers deserve that benefit because they are employees and not independent contracts as the company alleges. This is another major victory for FedEx workers in Massachusetts."

This is the latest ruling in Massachusetts where a FedEx worker was found to be an employee. In March, the Massachusetts Commission Against Discrimination rejected FedEx Ground Package System's argument that four of its Arab-American drivers are independent contractors and ineligible for protection under the state's anti-discrimination law.