This is in the State of Ohio. There was no accident per se, A customer called in a complaint stating we damaged their tree. My driver did not recall coming into contact with the tree. When I looked at the truck inside the terminal, there was evidence that we had rubbed against a tree. I confirmed with FedEx that it appeared we had come into contact with a tree while on route.
A few days later I was called for a meeting with FedEx management and they had pictures of the tree showing a chunk of bark missing and they had photographed my truck while it was parked in the terminal. As per my operating agreement with FedEx, they must have my permission to inspect my truck and I must be present. I was wondering if their photgraphing the truck to use as evidence to disqualify my driver for an unreported accident is a violation of this agreement or even legal at all.
I park all of my 24 vehicles that I use to meet my Operating Agreement obligations with FedEx Ground/Home Delivery at their terminal.
The vehicles are either owned or leased by my company and in no way are under the control of FedEx Ground. As I said, they have to schedule a time to inspect my trucks and I must be present.
FedEx management took pictures of the side and rear of my vehicle without asking my permission or notifying me. The first time I knew of the pictures is when they presented to me in a meeting in an attempt to disqualify my driver for an unreported accident.
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