> >
| Case Name | James W. Cristler et al. v. Express Messenger Systems | |
|---|---|---|
| Date | 01/23/2009 | |
| Note | Drivers for a delivery service were independent contractors, even though the company had terminated its employees and contracted with them to perform the same duties. | |
| Citation | D050719 | |
| WCC Citation | WCC 34822009 CA |
Ct. No. GIC803519) Â Â BARRY NEWMANN, Â Â Â Â Â Â Â Â Â Â Â Â Plaintiff, Â Â Â Â Â Â Â Â Â Â Â Â v. Â EXPRESS MESSENGER SYSTEMS, INC. , et al. , Â Â Â Â Â Â Â Â Â Â Â Â Defendants. Â Â Â Â Â Â Â Â Â Â Â Â James W. Cristler, John Purves, James G. Harrod, Sydney Moroff and Mark Lambert, individually and as the representative of a class of similarly situated persons (collectively Cristler), sued a parcel delivery company, Express Messenger Systems, Inc. , doing business as California Overnight (Express Messenger). The lawsuit contained a number of causes of actions, all based on a core contention that Express Messenger improperly classified its employees as independent contractors. Â Â Â Â Â Â Â Â Â Â Â Drivers who elected to continue working with Express Messenger after the change entered into written independent contractor agreements with SCI to perform delivery services for Express Messenger. Â Â Â Â Â Â Â Â Â Â Â In December 2004, Cristler filed a complaint against Express Messenger on behalf of themselves and other similarly situated employees/independent contractors of Express Messenger.
Download full case here.
Download full case here.