• Report: #308843

Complaint Review: Velocity Express Corporation - Velocity Express Leasing - Velocity Express

  • Submitted: Thu, February 14, 2008
  • Updated: Mon, July 28, 2008

  • Reported By:Rochester New York
Velocity Express Corporation - Velocity Express Leasing - Velocity Express
1 Morningside Drive North,Suite 300 Westport, Connecticut U.S.A.

Velocity Express - Velocity Express Corporation - Velocity Express Leasing misclassified employees as independent contractors denied benefits; made improper deductions and overcharged for costs Westport Connecticut

*UPDATE EX-employee responds: Double dipping & verbal promises with no value

*UPDATE EX-employee responds: Velocity Express Corporation -OVERCHARGE independent contractors (DRIVERS)ON THEIR WEEKLY DEDUCTIONS and LAST PAY CHECK

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A number of Velocity Drivers have started a class action to remedy claims similar to those posted on this site.

The case is:
JAMES CHARLES, HAROLD SMITH
and GARY KETCHUM, on Behalf of Themselves
and Others Similarly Situated, Plaintiffs,
vs.
VELOCITY EXPRESS CORPORATION,
VELOCITY EXPRESS LEASING, INC.,
VELOCITY EXPRESS, INC, and All Other
Subsidiaries or Successors,
Defendants.

The claims are:
A request for a declaration that the individuals were employees; and (ii) rescission of the Independent Contractor Agreement for Transportation Services; (iii) the return of sums unlawfully deducted or withheld from their wages in violation of New York State Labor Law 193(1); (iv) the return or reimbursement of funds which Plaintiffs were required to pay by separate transaction in violation of New York State Labor Law 193(2) and similar laws of other states; (v) all damages authorized by New York State Labor Law 191, 195, 197, and 198, and damages authorized by similar laws in other states; (vi) all damages afforded to the Plaintiffs due to the violation of ERISA 3(7) and 29 U.S.C. 1002(7) by the Defendants; and (vii) all damages afforded to the Plaintiffs due to the violation of FMLA, 29 U.S.C. Chapter 28 by the Defendants.

Class-action
Rochester, New York
U.S.A.

This report was posted on Ripoff Report on 02/14/2008 09:51 AM and is a permanent record located here: http://www.ripoffreport.com/r/Velocity-Express-Corporation-Velocity-Express-Leasing-Velocity-Express/Westport-Connecticut-06880/Velocity-Express-Velocity-Express-Corporation-Velocity-Express-Leasing-misclassified-e-308843. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 UPDATE EX-employee responds

Double dipping & verbal promises with no value

AUTHOR: Lester - (U.S.A.)

I started with Velocity Express in Albany NY, back in Dec of 2007. After waiting the usual 2 weeks for my first paycheck, I received my settlement statement and found that my check was shorted by over $1000, however the deductions where accurate. My take home that week was $12.65 after their $85 deduction. They promised me they would correct it and add it to that weeks pay period(which is another 2 weeks away). Well 2 weeks came and went and guess what, not only was there NO correction BUT they shorted me again over $400. Needless to say how this effected my finances. I again complained and refused to further deliver anymore until I was paid.

The Manager at that time called me and asked if I would come in and promised it would all be taken care of(they were short of drivers because this was happening to other drivers as well). Anyways over the next 8 wks my paycheck had extra amounts 1 wk and than short again the following. After about 4 months I was only owed $643.00. I was asked to sign a paper that if I settled for 50% of what I was owed I would have my check the following wk. I was tired of trying to collect my back pay and I was glad that at least my current pay was some what accurate(dollar or two short). I did finally receive my back pay 2 weeks later.

The following wk I was shorted again in the amount of $87.00. I finally had enough and gave them my notice, they told me if I did not stay for another 2 wks , I would forfeit my last 2 paychecks because I would be braking contract(funny how the contract works only in their favor). Anyways I did stay the 2 wks and decided to leave on good terms and maybe stay on as a part timer, and again I am now owed $398 for the last four wks.

I have finally decided to address this circus ran operation at a higher level. and send letters to the following offices in three states(NY, CT, Tx): Attorney General, Better Business Bureau, and Labor Dept. ( check back to this web site I will be posting address' and a copy of a generic letter, so others who have been affected by Velocity's business practices can also file complaints with the proper authorities).

Velocity Express charges their customers based on real time deliveries, however they also charge the drivers for the scanners and air time so that they can provide their customers with real time data. It appears Velocity Express is charging the drivers as well as their customer for this service. $24/wk x how many drivers (approx 3-4 thousand drivers nationwide) approx $84,000 / wk deducted from Drivers settlement checks to help provide Velocity with their customers for services promised in their pricing agreement for real time deliveries. Wonder if Velocity customers are being charged a fuel surcharge? I know the Albany drivers are not being paid extra for fuel surcharges.

I will continue searching for any open Class Action's against Velocity Express and will keep a posting for those who are interested.

Best Regards
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#2 UPDATE EX-employee responds

Velocity Express Corporation -OVERCHARGE independent contractors (DRIVERS)ON THEIR WEEKLY DEDUCTIONS and LAST PAY CHECK

AUTHOR: Walter - (U.S.A.)

DRIVER 0774
VEXP-ORLANDO # 8614
REG: MY LAST PAYCHECK ( IC) 1/25/08 GROSS 364.26 AFTER DEDUCTIONS 85.76
I STARTED AS A COURIER 5/2/07- FOR 28 WEEKS PAID $ 2619 FOR PAYROLL DEDUCTIONS- I DO HAVE A PROBLEM WITH OPTION A AND OPTION B OF THE I.C. CONTRACT-I RECEIVED ONLY FIVE POLO SHIRTS- NOTHING ELSE
I UNDERSTAND OPTION A & B WEEKLY DEDUCTION ( 24.25 WK) COVER THE COST OF MVR, DRUG/ALCOHOL SCREEN, AND CRIMINAL BACKGROUND CHECKS PLUS UNIFORM PACKAGE OVER 28 WEEKS I PAID $ 655 FOR OPTION A PLUS ON MY LAST PAYCKECK $ 214 FOR OPTION A- TOTAL $ 869 FOR START UP COST?
SUMMARY: MY LAST CHECK WAS SHORT $ 189.75
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