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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17248
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am a delivery driver for a non-union company. (FedEx Freight)

Customer Question

I am a delivery driver for a non-union company. (FedEx Freight) One of our major customers is unionized and will be on strike soon. Can FedEx legally force me to cross their picket lines just to deliver their freight under threat of being fired if I don`t.

I was told to cross the picket lines during the UPS strike in `97 and I swore I would never do it again. This is the first time this situation has come up since then.

Submitted: 7 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 7 years ago.
what type of employment agreement do you have? If you are an at will employee they can force you to ignore the strike.
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Expert:  wallstreetfighter replied 7 years ago.
if you are at will the only way you can not technically break the strike, is too use vacation or sick days, that is the way employees get out of it.
Customer: replied 7 years ago.
I understand and thanks for your reply. It`s just that FedEx is always talking about how the safety of the driver is the highest priority and since I would definitely not feel safe crossing this angry picket line just to deliver freight, I was hoping this could be a reasonable argument. I will probaly contact our Human Resources department to find out their stand on the matter.
Expert:  wallstreetfighter replied 7 years ago.
If safety is an issue and their is a company policy protecting your safety, than you have a good argument, and a termination would be a violation of company policy.