New Resource: Arbitration Clause "Unconscionable" in NJ Case - October 22, 2007
A group of former FedEx Ground and Home Delivery drivers in New Jersey won another round in their fight against FedEx. These Jersey guys have gotten the best of the company before - some of the same drivers were part of the Drivers' Association that won at the NLRB in 2006 that the drivers were employees.
The drivers in the Lucey case in New Jersey were terminated for standing up for their rights and FedEx wanted to railroad them into arbitration. But these drivers challenged the arbitration clause as unconscionable - and the federal judge agreed. The drivers' lawyer's arguments show that the language in the Ground/HD "Operating Agreement" can be beaten. The Judge's ruling is specific to the situation of this case but it is instructive for other driver's considering to take on the arbitration clause.
This case is updated regularly on the FedExaminer.com web site. It's always worth the time and money to go over there to join in the conversation.

