Holding that drivers were FedEx's employees in part because “[t]he larger items—trucks and scanners—are obtained from FedEx approved providers, [are] usually financed through FedEx, and [are] repaid through deductions from the drivers' weekly checks”
Holding that “[e]very phrase and clause must be presumed to have been designedly employed, and must be given meaning and effect, whenever practicable, when construed with all the other phraseology contained in the instrument”
Holding that a condition precedent must be met before an obligation to perform arises under a contract, and that the court will look to the parties' intent when interpreting a condition precedent, including words used in the agreement
Explaining that, in reviewing a 12(b) motion, a district court "must assume the truth of all well-plead[ed] facts and give the plaintiff the benefit of all reasonable inferences therefrom"
Stating that "[e]quity is not an all-purpose judicial tool by which the right thing to do can be fashioned into a legal obligation possessing the legitimacy of legislative enactment"
In Warfield, a terminated employee brought suit against her former employer in Massachusetts state court, alleging gender-based discrimination and retaliation in violation of Mass. Gen. Laws. c. 151B.
Holding that where the parties contemplate the formal execution of a final agreement, there is a "strong inference" that the parties "`do not intend to be bound by earlier negotiations or agreements until the final terms are settled.'"
Mass. Gen. Laws ch. 149 § 148B Cited 178 times 35 Legal Analyses
Specifying types of services considered to be not those performed by an employee and noting that an employer's failure to make withholdings or payments that would be required for an employee "shall not be considered in making a determination" as to a person's employee status