What is the name of your state (only U.S. law)? In North Dakota
I will try to keep this as brief and concise as possible. I am a contractor for the Ground division of a well known, world-wide shipping company. The entire bulk of the delivery drivers for this division of this company are 'contractors', whereas the people who work in other divisions, such as the Express and Freight divisions are regular employees. The Ground division has been embattled recently with many contractors forming class-action suits against the company to gain employee status, and have won in a few states.
I am what is called an MVC...multiple van contractor. I own multiple contracted delivery routes, the trucks that service them, and I employ the drivers as my own employees. My trucks are lettered with the corporate logos of the company I contract for and I must operate to the letter of their corporate rules. None of this has been a problem for me, my service is top notch and my business is run professionally.
The problem in our terminal lies with our Senior Terminal Manager, referred to as TM from here on in.
I don't know where to start. I guess with the treatment of MY employees. TM finds great joy in attempting to intimidate contractors employee drivers if for any reason TM does not 'like' them. Contractors are threatened with contract termination if a specific employee driver is not fired at the TM's demand. If a contractor refuses, TM will begin harassment of that driver. Specific examples include: one employee driver was pulling away from the terminal in his delivery vehicle in the morning, and stopped to remove his jacket. In the process he set his ID badge on the console. After removing his jacket, he buckled in and proceeded to pull away. TM saw him fail to replace his ID badge, and RAn, full tilt, after the moving vehicle, began pounding on the glass of the sliding door, then proceeded to open the door on the still moving vehicle and leap into it. He then threw the ID badge towards the driver, said nothing, and stormed back into the terminal building. Other drivers have complained of being 'stared down', followed around the terminal building, and other passive forms of intimidation. Another specific example was when an employee driver entered the office to ask a question relevant to the delivery of a few packages that were not his responsibility, yet were 'given' to him to deliver. When he stated they were completely away from his service area (we are talking different towns) and he was unable to take them, TM stormed out of his office, got inches from the driver's face, and began screaming about how this drivers employer 'needs to learn how to run their god da*ned business'. It is explicitly outlined in our contract that Corporate employees cannot talk directly to contractors employee drivers at all.
I have had my contracts threatened by three separate managers in the terminal, including TM, for reasons not enforceable by the contract. We (all contractors in the terminal) are regularly referred to as 'pieces of sh*t', both among management and from management to other contractors.
Being screamed at in the sortation area in front of our employees and all other contractors is a regular occurrence. Being told we are worthless, being called profane names, and being threatened with contract termination IN FRONT OF OUR OWN employees is often what we are greeted with in the mornings.
Contractors contact the corporate Contractor Relations rep for our region, but are told that "that is just how TM is, get used to it." when informed that the tactics used by TM have cost many contractors good employee drivers not willing to weather the horrible environment created, we are met with "well, that is your problem." best of all, when TM gets his copy of the Contractor Relations complaint, the retaliation is terrible. Things are unbearable for whoever makes a complaint until a new one rolls in from somebody else. I was recently targeted for retaliation and the TM decided to revoke my eligibility to drive. This is not completely disabling to the operation of my business, but makes it much more difficult. One of his underling service managers Ghent took it upon herself to inform two of MY employee drivers that I was disqualified from driving. This is directly hurtful to my business, as there is absolutely no reason they need to be brought into an operations issue. Especially by a member of management who is prohibited to share any information with an employee of a contractor.
Five contractors from our location are writing formal letters of complaint to the senior VP of Contractor Relations, but over my years of dealing with this, I expect it not to get us too far.
Is the daily verbal and emotional abuse of not only us as contractors but of our employees, in addition to the regular threats, any grounds for ANY sort of legal action?
I will try to keep this as brief and concise as possible. I am a contractor for the Ground division of a well known, world-wide shipping company. The entire bulk of the delivery drivers for this division of this company are 'contractors', whereas the people who work in other divisions, such as the Express and Freight divisions are regular employees. The Ground division has been embattled recently with many contractors forming class-action suits against the company to gain employee status, and have won in a few states.
I am what is called an MVC...multiple van contractor. I own multiple contracted delivery routes, the trucks that service them, and I employ the drivers as my own employees. My trucks are lettered with the corporate logos of the company I contract for and I must operate to the letter of their corporate rules. None of this has been a problem for me, my service is top notch and my business is run professionally.
The problem in our terminal lies with our Senior Terminal Manager, referred to as TM from here on in.
I don't know where to start. I guess with the treatment of MY employees. TM finds great joy in attempting to intimidate contractors employee drivers if for any reason TM does not 'like' them. Contractors are threatened with contract termination if a specific employee driver is not fired at the TM's demand. If a contractor refuses, TM will begin harassment of that driver. Specific examples include: one employee driver was pulling away from the terminal in his delivery vehicle in the morning, and stopped to remove his jacket. In the process he set his ID badge on the console. After removing his jacket, he buckled in and proceeded to pull away. TM saw him fail to replace his ID badge, and RAn, full tilt, after the moving vehicle, began pounding on the glass of the sliding door, then proceeded to open the door on the still moving vehicle and leap into it. He then threw the ID badge towards the driver, said nothing, and stormed back into the terminal building. Other drivers have complained of being 'stared down', followed around the terminal building, and other passive forms of intimidation. Another specific example was when an employee driver entered the office to ask a question relevant to the delivery of a few packages that were not his responsibility, yet were 'given' to him to deliver. When he stated they were completely away from his service area (we are talking different towns) and he was unable to take them, TM stormed out of his office, got inches from the driver's face, and began screaming about how this drivers employer 'needs to learn how to run their god da*ned business'. It is explicitly outlined in our contract that Corporate employees cannot talk directly to contractors employee drivers at all.
I have had my contracts threatened by three separate managers in the terminal, including TM, for reasons not enforceable by the contract. We (all contractors in the terminal) are regularly referred to as 'pieces of sh*t', both among management and from management to other contractors.
Being screamed at in the sortation area in front of our employees and all other contractors is a regular occurrence. Being told we are worthless, being called profane names, and being threatened with contract termination IN FRONT OF OUR OWN employees is often what we are greeted with in the mornings.
Contractors contact the corporate Contractor Relations rep for our region, but are told that "that is just how TM is, get used to it." when informed that the tactics used by TM have cost many contractors good employee drivers not willing to weather the horrible environment created, we are met with "well, that is your problem." best of all, when TM gets his copy of the Contractor Relations complaint, the retaliation is terrible. Things are unbearable for whoever makes a complaint until a new one rolls in from somebody else. I was recently targeted for retaliation and the TM decided to revoke my eligibility to drive. This is not completely disabling to the operation of my business, but makes it much more difficult. One of his underling service managers Ghent took it upon herself to inform two of MY employee drivers that I was disqualified from driving. This is directly hurtful to my business, as there is absolutely no reason they need to be brought into an operations issue. Especially by a member of management who is prohibited to share any information with an employee of a contractor.
Five contractors from our location are writing formal letters of complaint to the senior VP of Contractor Relations, but over my years of dealing with this, I expect it not to get us too far.
Is the daily verbal and emotional abuse of not only us as contractors but of our employees, in addition to the regular threats, any grounds for ANY sort of legal action?