Massachusetts Dept of Workforce Development: Williams Appeal

This appeal stems from an unemployment insurance claim filed by Robert Williams.  Williams was a single-route FedEx Home Delivery driver at the Northboro, MA terminal.

Massachusetts has a more strict standard to determine employment status than federal guidelines and many other states. The Massachusetts Dept. of Workforce Development hearing officer did not need to make further conclusions than item number one - "individual has been and will continue to be free from control and direction in connection with the performance of such services" - of the Massachusetts three item test.

[The] company provided training for the position, directed the claimant where to purchase his vehicle and his liability insurance, directed the size and type of vehicle, directed the claimaint in his daily duties, required the claimant to use company logos on the vehicle, company uniforms, company scanning equipment to record his daily work, required attendance at meetings, set rates for his potentioal earnings, could change daily assignments as needed and had the right to terminate the claimant for issues of misconduct per the company code of conduct and written contract without liability....Therefore, the claimant's services must be considered to have been under the direction and control of the company.

As of Sept. 1, there is no information on any FedEx request for further appeal or review.