Antioch, CARene worked as a Federal Express courier for 20 years; he was fired May 1, 2009, "because I took my lunch break 5 minutes after I was supposed to," he says. Can FedEx fire an employee of 20 years because he was late for lunch? The California Labor Law clearly states that an employee must take a 30-minute meal period after five hours during an 8-hour work day, but Rene says FedEx has its own agenda.
And Rene isn't the only driver claiming that FedEx violated the California labor code: in April, 2009 a federal judge in California certified five subclasses of drivers alleging FedEx Corp. bilked them of pay for missed meal periods, off-the-clock work and working split shifts.
Rene says he took lunch breaks after 5.5 hours, in keeping with FedEx policy. But he was also late for lunch??"three times??"although no more than about five minutes. Seems like no big deal, but FedEx interpreted Rene's 5 minutes late as grounds for termination.
" My boss told me that because I went over 5 minutes they had to let me go," says Rene. "I asked him why it even mattered and he said that I didn't follow company rules. But a courier usually has to stop anywhere for lunch breaks, such as a parking lot…
I was a swing driver, which means you are scheduled to work anywhere that has an opening. That day I was supposed to start at 8am but I was called to work at 6.45 am to help unload packages onto trucks. Then I ran over to my truck and drove to another city where I had parcels to deliver. I forgot that I started at 6.45 because my usual start time was 8am. I took my lunch at the regular time I took it each day??"just before noon--because I didn't want to go into overtime, but this day I was 5 minutes late."
But how did FedEx know Rene was 5 minutes late? Rene explains that FedEx has a hand-held computer used to scan packages and read addresses, and it also acts as a courier's time card.
"The FedEx manual states if an employee has 3 or more performance write-ups, you can still retain employment if a manager chooses not to discharge you, if he provides written explanation to the HR manager," says Rene. "My manager chose not to write the letter because he is afraid of losing his job.
I sent letters to HR explaining how I never took 10-minute breaks and why I was late for lunch but they didn't bother to respond; what a way to be treated after working 20 years for this company. And it gets worse: about 2 weeks ago I got a letter from FedEx; they want to take me to court and take away my unemployment benefits.
The letter from Employment Development Department in California says: 'Your former employer, Federal Express Corp. has appealed the department's decision, finding you illegible for unemployment insurance benefits,' and the appeal has been sent to the Oakland office of Appeals. So now I have to wait for my day in court. The letter says I may be required to pay back benefits received after the date this letter was issued.
I made $26 per hour with FedEx; they are trying to cut costs and I believe this was a way to get rid of me. I don't know where to go or what to do; right now I am just trying to find a job, but most of them pay $12 per hour. I have a family to support; my kids are 2 and 8 and I am very worried; my family doesn't even have medical insurance now, thanks to FedEx."
Many lawsuits have been filed by FedEx drivers against the company; a quick search online brings up claims such as misclassification and failure to pay overtime rates. Rene also says managers manipulated drivers' time cards, "to make themselves look good," and that's another violation of the California labor law.