FedEx Ground vs Oregon Employment Department

This case was filed with the Oregon Court of Appeals in May 2006.  The Oregon Employment Department determined in 2005 that a multi-vehicle contractor was an employee of FedEx Home Delivery and eligible for unemployment insurance coverage.

The company claimed that the individual was a "contractor" thus not able to collect unemployment and also was "dismissed for cause" and this dismissal also made the driver ineligible for unemployment coverage.  The Administrative Law Judge ruled, "Claimant performed his service for the employer as an employee and not as an independent contractor or as the operator of an independently established business."

FedEx filed its Notice of Appeal on May 31, 2006.  The Oregon Court of Appeals assigned Case No A132438 to the appeal.  The company as appellant filed its brief on August 15, 2006.  Attorneys for McHenry filed its brief on November 14, 2006.  The Oregon Attorney General as attorney for the respondent, the Oregon Employment Department, filed its brief on November 14, 2006.

FedEx withdrew its appeal with the Court of Appeals on December 19, 2006.  The administrative ruling that multiple-vehicle contractor McHenry (and his drivers) were found to be employees and eligible for Oregon unemployment benefits stands.