PYNQ Logistics Services, a logistics company contracted by FedEx for package deliveries, has initiated legal action against the shipping giant, alleging participation in an "abusive business system" that violates federal anti-racketeering laws and involves fraudulent practices. The Pleasanton, Calif.-based firm filed a comprehensive 98-page lawsuit on November 14 in a California federal court, seeking a determination that its relationship with FedEx was that of an employer and an employee, not an independent contractor.
The lawsuit, if successful, could pose a significant threat to FedEx's planned reconstruction efforts aimed at cost savings through the integration of its package delivery arm, FedEx Ground, with the FedEx Express overnight air delivery division. In April, FedEx announced a restructuring plan targeting $4 billion in permanent cost reductions by 2025.
This legal battle, brought forth by PYNQ Logistics Services, founded in August 2020 by former airline pilot Tara Wright, marks a unique case. Jeffrey Possinger, PYNQ's lawyer, highlighted that this appears to be the first instance where a former contractor has sued FedEx under the U.S. Racketeer Influenced and Corrupt Organizations Act (RICO Act).
FedEx, in response to the lawsuit, stated that it would "vigorously defend" against the allegations. The lawsuit alleges that FedEx employed new artificial intelligence-based systems to rate delivery services and assess service areas. PYNQ claims that FedEx terminated its service areas without consent or compensation and subsequently sold one area, resulting in financial loss.
PYNQ further contends that FedEx intentionally withheld crucial information essential to its decision to become a contractor. The lawsuit suggests that "Initial Negotiations of the [independent service provider agreements] are the starting point of FedEx Ground's fraud, concealment, and false promises." The true nature of the relationship, according to PYNQ, only became evident after the contractor began working for FedEx Ground.
Among the allegations, PYNQ asserts that FedEx violated the RICO Act, engaging in "multiple related acts" of federal mail and wire fraud, along with felony extortion under California's state penal code. Additionally, PYNQ claims that FedEx's business model would be "patently illegal" under employment law in most parts of the country.
As legal proceedings unfold, the lawsuit poses a potential challenge to FedEx's operational plans and could prompt a closer examination of its business practices within the context of employment relationships with contractors.