Class Action: SE Independent Delivery Services Breached Contracts with Drivers
Last Updated on May 8, 2018
Colon v. Se Independent Delivery Services, Inc.
Filed: April 27, 2018 ◆§ 8:18cv1034
The plaintiff alleges SEIDS failed to pay independent contractor drivers 'bonus survey' payments and bumped up the cost of insurance coverage without notice.
A proposed class action has been filed in Florida against SE Independent Delivery Services Inc. (SEIDS) on behalf of all independent contractor delivery drivers who signed on with the company within the last five years. SEIDS’s drivers, the plaintiff alleges, have been subjected to breaches of contract with regard to orally agreed up “bonus survey” payments and insurance changes made by defendant without proper notice.
According to the complaint, SEIDS’ contracts with drivers stipulate the workers can be paid “bonus survey” payments for each day a driver scores a certain percentage on customer surveys.
“SEIDS orally agreed to pay [the plaintiff] and those he represents $20.00 per day that the survey scored between 90% and 100% and $15.00 for each day that the driver scored between 85% and 89.99%,” the lawsuit reads.
Notably, ‘’bonus survey” payments are not written in ink in the defendants’ contracts with drivers but are agreed upon orally between the drivers and authorized SEIDS employees, the suit says.
Tied into these allegations is SEIDs’ “Equipment Lease and Truckman’s Agreement” contracts, which drivers sign and thereby agree to work as an independent contractor to deliver furniture for the defendant. According to the suit, these contracts specifically define “each type of insurance coverage each driver agreed to pay for the cost per month to each driver for each of those insurance coverages.” Also stipulated in the contracts, the suit continues, is a requirement for SEIDS to provide members of the proposed class with advanced written notice prior to making any changes in insurance costs of coverage.
The plaintiff alleges SEIDS breached its contracts with its 460 to 890 nationwide drivers by both failing to pay for “bonus survey” results and by increasing the cost of insurance coverages without providing proper advance notice.
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