1 FOR THE EASTERN DISTRICT OF VIRGINIA MILTON …big.assets.huffingtonpost.com/milton_sanchez_deposition2.pdf20 signed by Milton Sanchez on 12/16/11, Bates Nos. L000057-58 21 18 Document

file:///P|/Lasership/Summary%20Judgment/Exhibits/Exh%203%20Sanchez%20Tr..txt[11/21/2012 3:53:45 PM]

1

Volume I Pages 1 to 193 Exhibits 1 - 21

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

- - - - - - - - - - - - - - - - - x : MILTON MANUEL SANCHEZ, CARMELO : MEDINA, GERARD EDMOND, : individually and on behalf of : a group of individuals : Civil Action similarly situated, : No. 1:12-cv- Plaintiffs, : 00246-GBL-TRJ : vs. : : LASERSHIP, INC., : Defendant. : : - - - - - - - - - - - - - - - - - x

DEPOSITION OF MILTON MANUEL SANCHEZ, a witness called on behalf of the Defendant, taken pursuant to the Federal Rules of Civil Procedure, before Carol H. Kusinitz, Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusetts, at the Offices of Jackson Lewis LLP, 75 Park Plaza, Boston, Massachusetts, on Tuesday, August 21, 2012, commencing at 10:02 a.m.

PRESENT:

The Law Offices of James W. Simpson, Jr., PC (by James W. Simpson, Jr., Esq.) 100 Concord Street, Suite 3B, Framingham, MA 01702, [email protected], 508.872.0002, for the Plaintiffs.

Jackson Lewis LLP (by Douglas J. Hoffman, Esq.) 75 Park Plaza, Boston, MA 02116, [email protected], 617.367.0025,

Case 1:12-cv-00246-GBL-TRJ Document 119-3 Filed 11/21/12 Page 1 of 198 PageID# 2384


for the Defendant.

2

1 I N D E X

2 WITNESS DIRECT CROSS REDIRECT RECROSS

3 MILTON MANUEL SANCHEZ

4 BY MR. HOFFMAN 5 190

5 BY MR. SIMPSON 190

6 * * * *

7 E X H I B I T S

8 NO. DESCRIPTION PAGE

9 1 2008 Form 1040, Schedule C, for 118 Milton Sanchez 10 2 2009 Form 1040, Schedule C, for 127 11 Milton Sanchez

12 3 2010 Form 1040, Schedule C, for 133 Milton Sanchez 13 4 Advertising and Marketing Agreement 139 14 between Laser Courier, Inc., and Milton Sanchez dated January 23, 15 2011 Bates Nos. L000024-25

16 5 Independent Contractor Agreement 142 between Laser Courier, Inc., and 17 Milton Sanchez dated July 14, 2011, with attached Schedule One, Bates 18 Nos. L000005-17

19 6 Document headed "Schedule One" dated 147 7/13/12 20 7 Two-page document headed "Schedule 148 21 One - Zone Listings," dated 7/19/12

22 8 Shipping manifest for Route 928 153 dated 7/3/12 23



24

3

1 E X H I B I T S, Continued


3 9 Shipping manifest for Route 928 158 dated 7/2/12 4 10 Documents headed "Driver Statement 159 5 of On-Duty Hours" relating to Milton Sanchez, Bates Nos. L001720-1723 6 11 Equipment lease between Laser 164 7 Courier, Inc., and Milton Sanchez dated June 23, 2011, Bates Nos. 8 L000019-20

9 12 H.D. Smith truck route manifest for 165 Route S95, Stop 010, dated 8/16/12 10 13 OneBeacon America Insurance Company 168 11 enrollment form for Milton Sanchez dated 8/9/10, Bates No. L000035 12 14 Certificate of Registration for 170 13 Chevrolet truck owned by Milton Sanchez dated 1/1/12, Bates No. 14 L000048

15 15 Bill of sale for 2006 Chevrolet 171 truck sold to Milton Sanchez dated 16 7/10/12

17 16 Document headed "Record of Road 172 Test" relating to Milton Sanchez 18 dated 1/17/12, Bates Nos. L000062-63

19 17 Document headed "Driver Security 173 Rules Receipt Acknowledgement" 20 signed by Milton Sanchez on 12/16/11, Bates Nos. L000057-58 21 18 Document headed "Independent 174 22 Contractor Cargo Application And Enrollment Form" relating to Milton



23 Sanchez dated 4/7/09, Bates No. L000037 24

4

1 E X H I B I T S, Continued


3 19 Certificate of Liability Insurance 177 relating to Milton Sanchez dated 4 11/29/11, Bates Nos. L000050-51

5 20 LaserShip document headed "Agreement 179 and Consent to Drug and/or Alcohol 6 Testing" signed by Milton Sanchez on 5/25/11, Bates No. L000053 7 21 Document entitled "Complaint, 190 8 Compensatory and Injunctive Relief Requested, Proposed Class Action" 9 * * * * 10

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5

1 P R O C E E D I N G S

2 MILTON MANUEL SANCHEZ

3 a witness called for examination by counsel for the

4 Defendant, having been satisfactorily identified by

5 the production of his driver's license and being

6 first duly sworn by the Notary Public, was examined

7 and testified as follows:

8 DIRECT EXAMINATION

9 BY MR. HOFFMAN:

10 Q. Hello, Mr. Sanchez. We met earlier. My

11 name is Doug Hoffman. I'm one of the attorneys

12 representing LaserShip in this case.

13 Before we get started, I would like to go

14 over a couple of ground rules.

15 MR. HOFFMAN: Actually, first of all on the

16 records, any stipulations? Do we want to reserve

17 all objections other than the form until the time of

18 trial?

19 MR. SIMPSON: Usual stipulations.

20 MR. HOFFMAN: Okay. Usual stips. And then

21 the witness will have 30 days to review and sign his



22 transcript.

23 MR. SIMPSON: (Nods head)

24 Q. Have you ever been deposed before?

6

1 A. No.

2 Q. Well, I'm going to go over some ground

3 rules just so you kind of know how this sort of

4 thing works. As you can see, we have a court

5 reporter with us, and she's going to be writing down

6 everything we say. So because of that, it's very

7 important we don't talk over each other and you let

8 me finish my question before you start answering.

9 I'll do the same for you; I'll let you finish your

10 answer before I start asking you another question.

11 It's also very important that you answer

12 out loud. You can't just nod your head or even say

13 "Uh-huh," because on the transcript it's unclear

14 what that might mean. So I need you to answer "Yes"

15 or "No" and things like that and answer everything

16 verbally.

17 A. Okay.

18 Q. Thank you. Now, if I ask a question that

19 you don't understand, and it will probably happen

20 during the course of the deposition at some point,

21 tell me, and I will be happy to rephrase it, or the



22 court reporter can read it back for you.

23 A. Okay.

24 Q. And if you do answer a question, I'm going

7

1 to understand -- I'm going to -- it's going to mean

2 that you understood the question, okay?

3 A. Okay.

4 Q. All right. Great. Now, if you do need to

5 take breaks, and your attorney probably told you

6 about this already, that's fine, if you need to go

7 to the bathroom, stretch your legs, whatever. The

8 only thing I'm going to ask is, if I'm in the middle

9 of asking a question or I've just asked you a

10 question, I'm going to ask you to answer the

11 question before we take a break, okay?

12 A. Yes.

13 Q. And I take it English is -- you're

14 comfortable with the English language?

15 A. Yes.

16 Q. You can answer all question in that?

17 A. (Nods head)

18 Q. Great. To start out, can you please state

19 your full name for the record.

20 A. Milton Manuel Sanchez.



21 Q. And could you spell that for the court

22 reporter.

23 A. M-i-l-t-o-n M-a-n-u-e-l S-a-n-c-h-e-z.

24 Q. What is your date of birth?

8

1 A. March 27, 1960.

2 Q. And where do you live?

3 A. I live in Revere right now.

4 Q. And what is the address there?

5 A. It's 82 Hichborn Street, Revere, Mass.

6 02151.

7 Q. How long have you lived there?

8 A. It's going to be about seven years now.

9 Q. Are you married?

10 A. Yes.

11 Q. What is your wife's name?

12 A. Maria. Maria Medina.

13 Q. And do you have any children living with

14 you?

15 A. Do we have children living --

16 Q. Yes.

17 A. Her granddaughter.

18 Q. But no other children other than that?

19 A. No.

20 Q. Does your wife have a job?



21 A. Yes.

22 Q. What does she do?

23 A. She does maintenance.

24 Q. Okay. Who does she work for?

9

1 A. Commercial Cleaning.

2 Q. And how long has she been doing that job?

3 A. For quite a while. I'm not sure how long,

4 though.

5 Q. Five years at least?

6 A. About seven years, eight years.

7 Q. Now, a few questions I do need to get out

8 of the way. Are you taking any medications today

9 that might interfere with your ability to testify?

10 A. No, not at all.

11 Q. Suffering from any illness that would

12 affect your ability to testify?

13 A. No.

14 Q. Anything else you can think of that would

15 affect your ability to testify?

16 A. Nothing at all.

17 Q. Okay. Thanks. Now, to prepare for your

18 deposition today, did you meet with anyone?

19 A. No.



20 Q. Did you talk to anyone over the phone?

21 A. No.

22 MR. SIMPSON: Other than counsel.

23 A. Other than counsel.

24 Q. I'm not going to ask you to tell me what

10

1 you and your counsel talked about. At this point I

2 want to know, yes or no, did you talk to --

3 A. Yes.

4 Q. Okay. You did talk to your counsel. I'm

5 going to caution you, don't reveal any conversations

6 between you and your counsel.

7 For how long did you talk to your counsel?

8 A. A couple of minutes.

9 Q. Did you review any documents to prepare for

10 your deposition?

11 A. The documents that I'd give to him that he

12 asked for.

13 Q. Which documents are those, do you remember?

14 A. Income tax and, you know, any -- anything

15 relevant to that.

16 Q. Anything relevant to income taxes?

17 A. Yes.

18 Q. Any other documents relative to your work

19 at LaserShip?



20 A. Any paper that I could gather right there,

21 showing, you know -- it's minimal papers, paperwork.

22 Q. So are you saying that you gave all the

23 documents having to do with your work at LaserShip

24 to your attorney?

11

1 A. Yes.

2 Q. Is there anything you didn't give him?

3 A. Not that I can recall, no.

4 Q. Did you talk to anyone else to prepare for

5 your deposition today?

6 A. No.

7 Q. You just said you gave some documents to

8 your attorney in this case. When did you start

9 looking for those documents?

10 A. When you asked for them.

11 Q. Do you remember when that was?

12 A. About a week ago, two weeks ago?

13 Q. Now, other than what you gave to your

14 attorney, do you have any other notes, diaries,

15 calendars, anything at all that relates to your work

16 at LaserShip?

17 A. If I have, I would have to look for them,

18 because it's been so many years and they are



19 probably all over the place. Whatever I can find, I

20 always try to keep.

21 Q. So am I to understand that you haven't

22 necessarily looked everywhere that some documents

23 might be?

24 A. Exactly, yes.

12

1 Q. Okay. All right. We'll talk about that

2 with your attorney after the deposition is over. So

3 it's possible you do have some more. Can you think

4 of what those documents might be?

5 A. Paperwork that they give us, notices.

6 Q. Any notes that you wrote yourself, any

7 diaries or calendars?

8 A. I don't keep diaries of anything like that.

9 Q. Any -- do you keep track of, like, the

10 hours you work?

11 A. I keep a binder of all the paychecks that I

12 get.

13 Q. You haven't given those to your attorney

14 yet, right?

15 A. No, no. He hasn't asked for those, so I

16 hold on to them.

17 MR. HOFFMAN: I'll just put on the record,

18 we are requesting those. I think they're responsive



19 to the request.

20 MR. SIMPSON: The pay statements, correct?

21 MR. HOFFMAN: Yes.

22 MR. SIMPSON: Yes.

23 MR. HOFFMAN: Well, anything he has related

24 to his work for LaserShip should be produced. But

13

1 specifically, yes, his pay statements. That's what

2 he just mentioned.

3 Q. But as far as the hours that you worked,

4 did you ever keep track of that in any written form?

5 A. As far as hours? No, not really.

6 Q. What about logs of the mileage you drove,

7 anything like that?

8 A. What I give to the income tax guy.

9 Q. And do you still have those documents?

10 A. Yes. Those are the ones I gave to him.

11 Q. The mileage logs specifically? Do you

12 remember giving any of those --

13 A. Specifically mileage logs, no. Just the --

14 for the taxes.

15 Q. Well, I guess I'm maybe not hearing your

16 answer. Did you give your attorney some mileage

17 logs?



18 THE WITNESS: Would you call the mileage

19 log the income tax papers that I --

20 MR. SIMPSON: I can't answer.

21 Q. If you remember.

22 A. Well, whatever is on the W forms that we

23 give them, whatever is asked right there.

24 MR. HOFFMAN: And, Jim, I understand part

14

1 of the response was you would produce additional

2 documents if we could get a confidentiality

3 agreement.

4 MR. SIMPSON: Yes.

5 MR. HOFFMAN: So that may be why you're

6 holding some back, I'm not sure. But in any event,

7 we'll take care of that after the deposition.

8 MR. SIMPSON: Off the record.

9 (Discussion off the record)

10 Q. What about receipts for gas? Do you have

11 anything like that?

12 A. Just -- well, what I do is I keep them, and

13 then I give them to the tax guy, and then I

14 disappear them, because it's already in the tax,

15 once it's prepared.

16 Q. So you throw them away?

17 A. Yes.



18 Q. All right. Is this something you do on an

19 annual basis?

20 A. Yes.

21 Q. After you give the documents to your tax

22 guy?

23 A. Yes.

24 Q. Is that something you did this year as

15

1 well?

2 A. Yes. I would assume that that's going to

3 be all done with, and that's it. So we leave it

4 as...

5 Q. Does your tax guy still have copies of

6 those documents?

7 A. He should, yes. H&R Block, they should

8 have.

9 Q. So in addition to, I guess, mileage logs or

10 gas receipts, any other documents you give to your

11 tax guy?

12 A. No. Just that.

13 Q. Any other receipts or anything that you

14 give him having to do with your work at LaserShip?

15 A. No.

16 Q. Have you ever sent e-mails in connection



17 with your work at LaserShip?

18 A. No.

19 Q. I saw in the documents we were provided

20 that you produced some of the manifests from

21 LaserShip; is that right?

22 A. Yes.

23 Q. Did you produce, give to your attorney, all

24 the manifests you have or just some?

16

1 A. No. Just whatever is left, whatever I

2 have.

3 Q. Is it possible there are more somewhere

4 that you haven't found yet, since you haven't looked

5 for them?

6 A. No.

7 Q. And just so I'm clear, what other types of

8 documents do you think you might have that you

9 haven't really gone to look for?

10 A. Like I say, memos, just stuff that they

11 give us.

12 Q. From things you're provided by LaserShip?

13 A. Yes.

14 Q. Or --

15 A. Let's say, you know, "Cardinal's got new

16 rules." Here you go, I have one over here. "This



17 is what you're supposed to be doing: Can't stop,

18 can't talk to anybody." There you go. That's a

19 memo right there. That type of work, that type of

20 paperwork.

21 Q. Okay. Do you have a mobile phone?

22 A. Yes.

23 Q. How many mobile phones do you have?

24 A. One. Used to have two, but now we have

17

1 one.

2 Q. So when you used to have two, how long ago

3 was that that you used to have two?

4 A. Every time LaserShip changes their way of

5 communicating, we try to change. What we try to do

6 is try to get our own machines so we don't have to

7 pay the extra money for the machines that they

8 charge, except for this last time, when they didn't

9 want to. So...

10 Q. Okay. We'll talk about that in a few

11 minutes. So the cell phone you have now, how long

12 have you just had one cell phone?

13 A. That's going to be for the past two years

14 now, since they changed to the new machine.

15 Q. Which machine is that?



16 A. New scanner. I don't know what number it

17 is, but it's a scanner.

18 Q. What is the number of the cell phone you

19 have now?

20 A. It's 857-829-8425.

21 Q. And do you just use that for work at

22 LaserShip, or do you use it for other things too?

23 A. For everything.

24 Q. And then two years ago and before that you

18

1 said there was another cell phone that you had?

2 A. Yes.

3 Q. Was that issued by LaserShip?

4 A. No. It was used for LaserShip, but it

5 wasn't -- that's when they had the, what do you call

6 that, like, the walkie-talkie.

7 Q. Do you remember what the number was for

8 that cell phone?

9 A. I think it was 857-829-3614.

10 Q. And did you have the same cell phone

11 provider for both of those phones?

12 A. Yes.

13 Q. Who is it?

14 A. Verizon.

15 Q. So the cell phone --



16 A. No, I'm sorry. It's not Verizon. Sprint.

17 Q. So the cell phone you used to have, you

18 used only for LaserShip business, right?

19 A. Yes.

20 Q. And at that time were you using your other

21 cell phone for LaserShip business at all?

22 A. The other one? No. Just one.

23 Q. And now you use the one cell phone for

24 everything?

19

1 A. Just one, yes. It doesn't make sense. But

2 I didn't pay that much, so...

3 MR. HOFFMAN: Make sure -- are you having

4 trouble with us talking over each other at all?

5 THE STENOGRAPHER: Borderline.

6 MR. HOFFMAN: Okay.

7 Q. All right. Let's just be a little more

8 careful about that.

9 A. All right.

10 Q. Great.

11 What do you use the cell phone for now?

12 What do you use it for during the day?

13 A. Just personal use.

14 Q. But nothing to do with LaserShip anymore?



15 A. No. LaserShip during the day. Any time

16 they call me, you know, I accept their calls,

17 obviously.

18 Q. Have you ever been a plaintiff in a lawsuit

19 before?

20 A. Yes.

21 Q. Could you describe to me the details of

22 that.

23 A. FedEx.

24 Q. What about FedEx?

20

1 A. FedEx. There was a lawsuit with FedEx.

2 They contacted me if I wanted to be part of it. I

3 said yes.

4 Q. Do you remember who contacted you?

5 A. I don't remember -- I probably have the

6 paperwork someplace. I just don't recall who it was

7 directly.

8 Q. When did you work for FedEx?

9 A. About eight years ago, nine years ago.

10 Q. And when were you contacted about being

11 involved in the FedEx lawsuit?

12 A. About five years ago, something like that,

13 six years ago.

14 Q. What was that lawsuit about?



15 A. Misclassification, treating us like

16 employees when they felt like it or treating us like

17 independent contractors when it suited them.

18 Q. Do you know where that case was pending?

19 A. What do you mean, "pending"?

20 Q. Where was it filed, do you know?

21 A. Here in Massachusetts.

22 Q. Were you a named plaintiff in that lawsuit,

23 or were you one of the class members?

24 A. I don't understand that, but I would

21

1 imagine, one of the class members. I was just

2 contacted afterwards. I wasn't one of the prime

3 members, no.

4 Q. Did you receive any money out of that

5 lawsuit?

6 A. Yes.

7 Q. You said you stopped working for FedEx

8 about eight to nine years ago?

9 A. Yes.

10 Q. And, again, you were not deposed as part of

11 that lawsuit; is that right?

12 A. No.

13 Q. Did you produce any documents in connection



14 with that lawsuit?

15 A. No, didn't need to.

16 Q. So basically you got something in the mail

17 or a phone call

18 A. Yes, mail.

19 Q. Something in the mail, okay. And then

20 maybe you returned the form and you received a

21 check?

22 A. Exactly, Yes.

23 Q. Have you ever been convicted of a crime?

24 A. No.

22

1 Q. Now, the FedEx lawsuit, is that the only

2 time you've been a plaintiff in a lawsuit?

3 A. Yes.

4 Q. Ever been a defendant in a lawsuit?

5 A. No -- well, depends. Yes. Something

6 personal, money matters or something like that.

7 Q. How long ago was that?

8 A. Two years, three years ago.

9 Q. What was the nature of that dispute?

10 A. Just a computer, something like that.

11 Computer, I think it is, payment.

12 Q. You were late on a payment?

13 A. The computer had problems. They didn't



14 want to give the warranty. So that's how the whole

15 thing started, and it just evolved from there on.

16 Q. I'm not following you. Could you explain a

17 little more.

18 A. All right. It was a bad product that was

19 given to me, so I didn't want to pay for that. I

20 returned it. They didn't want to take it back.

21 They just wanted to get paid. I said, "No."

22 Q. Okay. And this was a retailer that was

23 coming after you?

24 A. Yes.

23

1 Q. Do you know who was the retailer?

2 A. No, I don't know now. This was just so

3 many years ago.

4 Q. And this was two to three years ago?

5 A. That they went to court, yes. But it

6 wasn't them. It was somebody who bought it

7 afterwards.

8 Q. Who bought the loan or bought the debt?

9 A. Whatever.

10 Q. It was like a debt collector?

11 A. Yes, exactly.

12 Q. What was the outcome of that?



13 A. Well, obviously I took a loss. It's just

14 kind of like difficult to prove certain things. I

15 don't know much about laws. I couldn't defend

16 myself that well. That's what happened.

17 Q. So you ended up paying for the computer?

18 A. Yes.

19 Q. Any other times you've been sued?

20 A. No.

21 Q. Other than the case we're in now, have you

22 ever filed any sort of complaint with any state or

23 federal agency against an employer?

24 A. No, never had to.

24

1 Q. And have you testified under oath at any

2 time other than today?

3 A. Well, for -- actually, no.

4 Q. Were you in Small Claims Court for the

5 thing with the computer?

6 A. Yes.

7 Q. Now, is your wife provided health insurance

8 with her job?

9 A. No. I provide for her.

10 Q. And what's your monthly premium?

11 A. I don't know. It's taken out of the

12 insurance in my check. I work for AutoZone in the



13 evening. That's where I get my benefits.

14 Q. I was going to ask about that.

15 A. I don't get anything in the day.

16 Q. You say you work there in the evenings?

17 A. Yes.

18 Q. What time do you start working there?

19 A. I start work at three or four, depending.

20 Q. Depending on --

21 A. The manager's need or the store need.

22 Q. Is that every day?

23 A. Every day.

24 Q. And how many hours do you work there?

25

1 A. About 38, 39, depending. As needed.

2 Q. What's your position there?

3 A. Part sales manager.

4 Q. And you get your health insurance through

5 AutoZone?

6 A. Yes.

7 Q. We'll get into that maybe a little bit

8 later.

9 Now, when did you first consult with an

10 attorney about this case? And again, I don't want

11 you to tell me anything that was said between you



12 and your attorneys.

13 A. I don't know, like about two years ago,

14 something like that, maybe three years ago. I'm not

15 too sure when it was. It's just when they made a

16 big change and they really cut us. And I went in

17 and I spoke to the guy and said, "Listen. We've got

18 this problem" --

19 MR. SIMPSON: Don't say what you said to

20 the attorney. No discussions about what you said.

21 Q. Well, what was the big change?

22 A. There was a cut. I guess they lost an

23 account. I don't remember exactly what it was. All

24 I can remember is we took a big hit.

26

1 Q. In what way did you take a big hit?

2 A. Financial.

3 Q. Well, how so? Did they lower the amount

4 you were getting paid?

5 A. They've been lowering since they first

6 started. They've been looking for excuses to lower

7 it since we first started. If we did the job or if

8 we did the route too fast or the job was too easy,

9 we're cut in pay, you know, things like that.

10 Q. And this started when? A couple of years

11 ago?



12 A. No. This started from the beginning.

13 Q. You mentioned the big hit that you took a

14 couple of years ago. I'm just trying to understand

15 exactly what the big hit you're talking about was.

16 A. I'm trying to remember what exactly

17 happened.

18 Q. Take your time.

19 A. I remember I just walked in there, and I

20 said, you know -- I said, "We've been here for the

21 longest time. What are you going to do for us, you

22 know, to take care of us?"

23 See, I'm not -- I think it was that

24 Cardinal lost some hospitals or some accounts. So

27

1 that meant that everybody came down and took a loss.

2 Q. Everyone who was doing deliveries for

3 Cardinal?

4 A. Yes.

5 Q. So Cardinal didn't have --

6 A. Cardinal, they're not that great when they

7 do their thing. So we have to take the hit from

8 them. Any mistake or anything, we have to take

9 responsibility for it. That's what we were told.

10 Q. Any mistake by Cardinal, you mean?



11 A. If they're late, it's because our truck

12 broke down, even if they didn't. Because they're a

13 multimillion company, they cannot make mistakes. We

14 can make mistakes, not them. That's what we were

15 told.

16 Q. When you say "If they're late," what do you

17 mean, "If they're late"?

18 A. Shipping. They bring the truckload to the

19 dock, and then from there on, we take it on.

20 Q. Okay. So if the Cardinal truck is late

21 getting to where you pick up the materials, that's

22 what you're talking about?

23 A. Yes.

24 Q. And you're saying Cardinal blames you for

28

1 that, if the deliveries --

2 A. Well, Cardinal wanted us to take the blame.

3 The company, actually LaserShip were the people who

4 told us, "You have to take the blame."

5 And they actually went to the point where

6 they actually called the pharmacies and said, "He's

7 late because his truck broke down." When I showed

8 up before, like, maybe 10 or 15 minutes later, they

9 said, "What happened? They just called us telling

10 us that you guys screwed up or your truck was bad.



11 What happened."

12 Q. Is that something that just happened once?

13 A. No. It happened many times.

14 Q. You're saying somebody from LaserShip

15 called the pharmacy and said your truck broke down?

16 A. Yes.

17 Q. When did that happen?

18 A. That happened at the beginning, like I

19 said. Everything is, like -- well, exactly when? I

20 don't know, because it's been many years, and

21 it's -- the thing goes on back and forth.

22 Q. So you can't tell me exactly when that

23 happened, that thing --

24 A. No, but I can try to find out the

29

1 pharmacists, because they're still around, to see

2 who of them remembers that, because I know a lot of

3 them remember that.

4 Q. Do you know made that phone call from

5 LaserShip?

6 A. No.

7 Q. Do you remember the name of the pharmacy?

8 A. They get transferred from place to place.

9 So I wouldn't name the pharmacy; it will be the



10 pharmacist. But then I would have to ask them, see

11 who remembers.

12 Q. So as you sit here today, you can't

13 remember the name of the pharmacy?

14 A. Exactly. It just didn't happen at one

15 pharmacy. It happened, you know, every other --

16 Q. Can you remember any of the pharmacies this

17 happened at?

18 A. Mostly like CVS. Exactly which one it

19 is -- I remember the person, not so much the place.

20 Q. Do you remember any of the names of the

21 people?

22 A. No. Like I say, I got to see it visually,

23 because they get transferred constantly.

24 Q. Do you know who made these phone calls from

30

1 LaserShip that you're talking about?

2 A. No.

3 Q. So when we started this part of the

4 conversation, you were mentioning a big hit that you

5 took maybe a couple of years ago. Can you remember

6 exactly when or not?

7 A. It's been more than a couple. I mean, we

8 just took one not too long ago. They cut us pay.

9 What was the excuse this time? They said that, "Oh,



10 well, everybody should make money. So just to make

11 it fair, we're going to cut the price that we pay

12 you for delivery of the pharmaceuticals, and then

13 we're going to stick in there Amazon.com, and then

14 we'll stick in there Office Max," which obviously

15 that doesn't pay anything.

16 Q. What do you mean, "stick in there"? Having

17 you take deliveries --

18 A. What they want to do is restructure the

19 route. They haven't done it. First they said,

20 "We're going to cut your pay first, and then we'll

21 see how we're going to do this." So now we're

22 waiting to see what's the outcome going to be as to

23 what we're going to get. We used to get paid by

24 stop. The other ones are paid by package.

31

1 Q. So Cardinal pays you by the stop?

2 A. Not Cardinal. LaserShip pays by the stop.

3 I don't deal directly with Cardinal.

4 Q. I'm just trying to understand what you mean

5 by -- so LaserShip pays by the stop, and you said

6 the other ones pay by the package? Who are the

7 other ones?

8 A. Package. Well, Amazon.com. The same



9 company, LaserShip, but they pay those by package.

10 Q. So you're used to, when you do deliveries

11 for Cardinal, being paid by the stop, but with

12 Amazon it will be by the package, is what you're --

13 A. Yes, Amazon.com will be paid by the

14 package.

15 Q. Do you currently carry packages, make

16 deliveries for Amazon?

17 A. No. I did before, on Saturdays, but I

18 stopped, because they had a secret meeting, I guess,

19 and they cut the pay.

20 Q. Let's back up just a little bit. So there

21 was a time when you delivered some Amazon packages,

22 right?

23 A. Yes.

24 Q. For how long?

32

1 A. It was like about a month. The problem

2 with that is, it's too unstable; you never know

3 what's going to happen the next day. So when they

4 did that cut, they didn't tell me about it, I

5 decided to stop. I said, "No more. That's it. I'm

6 tired of it."

7 Q. Now, with Amazon, you said you don't know

8 what's going to happen the next day. What do you



9 mean by that?

10 A. Means one day they can cut the packages or

11 they can cut the pay or they can send you to one

12 place or send you another. They're not consistent.

13 It's too inconsistent.

14 Q. So it's a little unpredictable, the Amazon

15 deliveries?

16 A. Exactly.

17 Q. And do you know -- when you were doing

18 Amazon deliveries, did you know how many deliveries

19 you would have to make on a day, or did that change

20 a lot too?

21 A. That depended on what they had. It could

22 be 100, like it could be 50. That changed from day

23 to day. But that was on Saturday. I only did it on

24 Saturdays.

33

1 Q. I'm sorry. I didn't --

2 A. I only did that on Saturdays.

3 Q. So you stopped -- when was this going on?

4 When were you delivering? How long ago was it for

5 Amazon?

6 A. About a year ago, two years maybe. What I

7 did notice is that they changed the pay for the



8 stops for LaserShip. So I went and I spoke to them

9 about it, and they said, "Oh, it's a mistake," and

10 they put it back to what it was.

11 Q. And the rate that you get paid per stop, is

12 that in your contract?

13 A. It should be in the contract. That's

14 precisely what I hit them with. "This is the

15 contract that I have. Why do you pay me this?"

16 Q. Oh, okay. Did they change it back after

17 you pointed that out?

18 A. They had to.

19 Q. Sure. It makes sense.

20 A. That's when --

21 MR. SIMPSON: Let him ask the question,

22 okay?

23 Q. At the end, if there is anything I missed,

24 you can obviously fill me in on that too. That's

34

1 fine.

2 All right. So Amazon you weren't too happy

3 about doing, because it was too unpredictable; is

4 that fair to say?

5 A. (Nods head)

6 Q. And you didn't like the way you were being

7 paid for Amazon packages?



8 A. Well, not so much -- the inconsistency. If

9 I make a deal with you, let's keep it. Not halfway

10 around the corner, "Oh, you know what? We changed

11 our minds."

12 Q. Now, I take it there are other drivers at

13 LaserShip that still deliver for Amazon?

14 A. Yes.

15 Q. That's just something you didn't want to

16 do?

17 A. Yes, exactly.

18 Q. Who did you tell at LaserShip, "I don't

19 want to deliver Amazon packages"?

20 A. To the person who I spoke to, to everybody.

21 Anybody who is willing to listen to me, I will tell

22 them. "I don't like it. This is the reason why."

23 Q. When you were doing Amazon, were you still

24 doing Cardinal packages at the same time?

35

1 A. Yes.

2 Q. And when you said you didn't want to do

3 Amazon deliveries anymore, did they take you off

4 Amazon deliveries?

5 A. Yes, because it is not my primary thing.

6 Cardinal was primary.



7 Q. Cardinal is your primary thing?

8 A. Yes. That's what I got hired for. The

9 other one is just to make extra.

10 Q. Let's back up a little. How long have you

11 been delivering packages for LaserShip?

12 A. It's going to be about seven years now, I

13 think. Seven, eight years.

14 Q. How did you find out about LaserShip?

15 A. Because there was a job, it came out in the

16 newspaper, saying about delivering paychecks.

17 That's what I started with, paychecks. Then it came

18 to a point where we had -- we were delivering, and

19 then my paycheck was inconsistent.

20 So I went and I looked it up, and I saw

21 that they were taking one stop -- let's say if one

22 stop had two different companies, they wanted to pay

23 the one stop, not the two, not for two different

24 companies. But when I first started working there,

36

1 they were paying me per company, per check.

2 Q. When did you first notice this problem,

3 that they weren't paying you for --

4 A. Well, when I saw the check. The exact

5 dates, I don't know. But when I saw it, I went and

6 I spoke to -- what was his name then? I don't



7 remember his name. He doesn't work there anymore.

8 And I told him, I said, "You know, this is no good

9 for me."

10 He goes, "Well, why am I going to pay you

11 for two packages when you're going to the same

12 place?" That's when they started with their, you

13 know, pay per stop. I said, "All right."

14 Q. Was it, I don't know, three years ago, five

15 years ago? Any idea?

16 A. About seven years ago, six years ago.

17 Q. That's when this happened?

18 A. Yes -- or, no. That was at the beginning.

19 Then I quit. I said, "I'm leaving." And he said to

20 me, "Do you know anybody who has a truck?" I said,

21 "Why?" He goes, "Because we just got an account.

22 It's with Cardinal," which obviously I didn't know

23 who it was for.

24 And I looked it up, and I said, you know, I

37

1 remember -- because they had the list of routes you

2 had to pick, but I couldn't pick it until I finished

3 work, which was ridiculous, because I said, "Then

4 everybody is going to come and pick if I can't pick

5 before that." So I had to wait until the end, and



6 what was left is what I took, and that's the route

7 that I had before.

8 Q. All right. So describe this process to me

9 again about, you know, picking the route.

10 A. Well, they had a list, different towns, you

11 know, and that this is Route 928, per se, and this

12 is 361. You put your name right next to it, and

13 then you get the route if your vehicle is big

14 enough.

15 Q. So assuming you fulfilled the expectations

16 from the customer, I guess, your truck was big

17 enough, being one example, you would pick which

18 route you wanted to do, right?

19 A. Well, you pick one route. They decided if

20 you're going to have it or not.

21 Q. So you could express, I guess, a preference

22 for which route you wanted to do?

23 A. You could say something, but, you know, it

24 was like whoever -- first come, first served.

38

1 That's what it was, first come, first served.

2 Q. So if somebody got there ahead of you, they

3 might get the one you wanted?

4 A. Exactly.

5 Q. So how long ago was it that they mentioned



6 Cardinal to you for the first time?

7 A. About seven years ago, seven, eight years

8 ago.

9 Q. And then did you get -- at that time did

10 you get the route you wanted?

11 A. I got what got left. To me it was -- it is

12 just a job, so I said, "I'll take it."

13 Q. You didn't care which one?

14 A. No. We had no choice.

15 Q. And did you already have a truck at that

16 time?

17 A. Yes. I had one from FedEx.

18 Q. What kind of truck was it?

19 A. FedEx. It was a 2003 Express 3500, dual

20 axle.

21 Q. Is that a Chevy or a Ford?

22 A. Chevrolet, yes.

23 Q. And that's the same one you were using at

24 FedEx, right?

39

1 A. Yes.

2 Q. And how long did you use that truck for?

3 A. Until, I don't know, about, like, last

4 month, I guess. I got a new truck. The truck fell



5 apart.

6 Q. I was going to ask why you got a new one.

7 A. It fell apart. That thing was too many

8 problems. 200 something miles on it.

9 Q. What kind of truck do you have now?

10 A. It's a 2006 Express 3500, but it's a ten-

11 footer.

12 Q. So smaller than the other one?

13 A. Yes. Way smaller. It's considered a van,

14 actually.

15 Q. Is that also a Chevy --

16 A. Yes, Chevy.

17 Q. Now, the larger truck you used to have, for

18 the Cardinal route, you needed to have a larger

19 truck; is that right?

20 A. Yes.

21 Q. But you no longer need a large truck for

22 the Cardinal route?

23 A. No, because it's less load.

24 Q. Less load now than you used to have?

40

1 A. Yes.

2 Q. Do you have any idea how much your current

3 truck weighs?

4 A. My guess is under 10,000, something to that



5 effect. That's what they say. Don't even have to

6 deal with the DOT or anything like that.

7 Q. I understand. With the old one you did?

8 A. Yes.

9 Q. It was over 10,000?

10 A. Yes.

11 Q. So I was going to ask you how you first

12 started working at LaserShip, but I guess you told

13 me you saw an ad in the paper; is that right?

14 A. Yes.

15 Q. And initially you were delivering

16 paychecks?

17 A. Paychecks.

18 Q. And after how long did you start delivering

19 for Cardinal?

20 A. About a year after, maybe less than that.

21 It didn't last that long.

22 Q. I forgot to ask you, do you have a resume?

23 A. Do I have a resume? Not one made, no.

24 Q. Did you ever have one?

41

1 A. Yes. A long time ago, yes.

2 Q. Now, I guess, as of right now, are you an

3 employee of LaserShip or an independent contractor?



4 MR. SIMPSON: Objection to the form. You

5 can answer.

6 A. I don't know.

7 Q. Okay.

8 A. The situation is, they tell me I'm

9 independent, but I'm treated like an employee. So

10 it's confusing. You know, I mean, if you get -- if

11 there's a problem, you're supposed to have

12 litigation, they just say, "You're fired. See you."

13 I've seen that happen, which is, like, I don't

14 understand. You see what I mean?

15 Q. Well, I guess, are you saying that if

16 you're an independent contractor, they shouldn't be

17 able to fire you?


19 can answer.

20 A. They should follow what the contract says.

21 I go by the contract. This is what we did. We made

22 a deal. We made a contract. So when you step over

23 it or you don't do what you're supposed to, then

24 there's a problem there.

42

1 Q. * So are you saying that the contract

2 doesn't allow LaserShip to fire you?

3 A. They can dismiss me. We've got to talk



4 about it and give me time, just like the contract

5 says, not just from one day to the other, "See you."

6 That's not what's in the contract. Then if not, why

7 do you have a contract for? **

8 Q. Do you know of people who have been just --

9 A. Yes.

10 Q. -- fired?

11 A. Yes.

12 MR. SIMPSON: Let him finish asking the

13 question so your answer for the record is clear.

14 Q. I know you know where I'm going, but it's

15 important for the court reporter.

16 MR. HOFFMAN: And you can speak up, by the

17 way.

18 MR. SIMPSON: Slow it down too, for her

19 sake.

20 MR. HOFFMAN: I'll do the same. I have a

21 tendency to talk quickly.

22 Can you read back the last exchange now.

23 (Record read from * to **)

24 MR. HOFFMAN: Okay.

43

1 Q. And you mentioned you are aware of people

2 who have been just let go?



3 A. Yes.

4 Q. With no notice?

5 A. Yes.

6 Q. Do you remember any of the names of those

7 folks?

8 A. No.

9 Q. Do you remember when this happened?

10 A. It's happened throughout the years.

11 Q. Do you know why these guys were let go?

12 A. Some cases they -- there's breach of the

13 regulations, and other cases I don't know why.

14 Q. What kind of regulations were breached?

15 A. Could be, like -- well, signature. We have

16 to have all papers signed, and either the guy signed

17 or he didn't sign or signed it himself. Some of the

18 pharmacists tell you, "Go ahead, you can sign for

19 me." Obviously -- I say no. I don't know what

20 other people do. I say I can't.

21 Q. So is that the sort of situation where you

22 believe someone was just let go with no notice?

23 A. Yes.

24 Q. But you don't remember, as you sit here

44

1 today, who that --

2 A. Exactly, no.



3 Q. Now, how did you come to understand why

4 that individual was terminated?

5 A. You ask. You hear it through the

6 grapevine, let's say, what happened. I never go to

7 the source. I mean, it's none of my business.

8 They're not going to tell me anyhow.

9 Q. So these are things you heard through the

10 grapevine.

11 A. Yes.

12 Q. And you never actually asked either the

13 person who was terminated --

14 THE WITNESS: Can I ask a question, one

15 second?

16 MR. HOFFMAN: I have a question pending.

17 MR. SIMPSON: There's a question pending.

18 You have to answer the question.

19 A. What's the question again?

20 MR. HOFFMAN: Can you read it back.

21 (Question read)

22 Q. I'll rephrase that one. No, actually, I

23 think it's clear enough. You can go ahead and

24 answer that one.

45

1 A. Yes.



2 Q. You did ask the person who was terminated

3 or you didn't?

4 A. Yes, one person.

5 Q. Do you remember who that was?

6 MR. SIMPSON: You can say his name.

7 A. Gerard.

8 Q. Is that Gerard Edmond?

9 A. Yes.

10 Q. So --

11 A. See, there's a lot of others, but I don't

12 see them there anymore. So it's like I can't have

13 actually contact with them. I've spoke to them and

14 everything, but it's not like I keep contact with

15 them.

16 Q. The conversation with Mr. Edmond, what did

17 you say to him and what did he say to you?

18 MR. SIMPSON: Just for clarity, this

19 conversation occurred outside the presence of an

20 attorney? It was just you and him?

21 THE WITNESS: Uh-huh.

22 MR. SIMPSON: Okay.

23 A. I just asked him -- he just called me up

24 and he said, "They just let me go." I said, "Why?

46

1 What happened?"



2 And so he explained to me, "I went over

3 here to the pharmacy, and I left -- I dropped off

4 the stuff like I usually do, but they had somebody

5 new. And because it was a new person, that new

6 person called," and he had been doing everything the

7 same way. So he goes in there, they let him sign

8 for it, and he just leaves.

9 Q. So Gerard Edmond signed something he

10 shouldn't have signed; is that right?

11 A. Well, I think he should have let the people

12 sign that. Well, see, like, the pharmacist will

13 say, "Go ahead and you sign it," but you never know

14 who's going to be there. Like I say, they switch

15 them.

16 Q. So some pharmacists will have you sign for

17 that, and others will --

18 A. -- will let you do it. Some won't.

19 Q. And he signed for something --

20 A. He took that option, yes.

21 Q. So he signed for something he shouldn't

22 have signed for?

23 A. Well, he should or not, that depends,

24 because the pharmacist is the one who says, "Go

47



1 ahead and do it." So he's the one who's making the

2 decision right there.

3 Q. Well, on that date, did the pharmacist tell

4 him, "You can go ahead and sign for me"?

5 A. That, I don't know. I wasn't there. I

6 didn't ask him that.

7 Q. And Mr. Edmond told you he was just let go?

8 A. Yes.

9 Q. So other than Mr. Edmond, can you remember

10 anybody else who was let go with no notice?

11 A. There was another guy we called Tyson, but

12 I don't remember his name, and he got into an

13 argument. The next thing, he was gone.

14 The guy who I took over the route, the

15 guy's name was Jimmy. I don't know what the

16 situation was also. I know he went to the office,

17 and he came out, blowing, just left. Never saw him

18 again.

19 Q. But you're not really sure why he was let

20 go?

21 A. From what I understood from what he said

22 before he left is that, you know, they wanted to

23 switch him to another route, but he didn't want to.

24 Q. Is that something he told you, or is that

48



1 something you heard through the grapevine?

2 A. No, that's something he said before he

3 left.

4 Q. And what was his name?

5 A. Jimmy. I don't know the last name. That's

6 the problem.

7 Q. And as far as Tyson, do you know why he was

8 let go, or do you just base it on --

9 A. I don't know, but I would assume --

10 Q. -- what you heard through the grapevine?

11 You have to let me finish.

12 A. Sorry.

13 Q. I understand why you're doing it, but we do

14 need to separate our questions and answers.

15 Do you know for a fact why he was let go?

16 A. No, but I would assume it was because he

17 got into an argument with the warehouse manager

18 then.

19 Q. But you never talked to him about that,

20 Tyson?

21 A. No. No, because he -- that day that he

22 took off, that was it. I saw him a couple of days

23 after -- not a couple of days, actually about a year

24 after. And what he said was, you know, he wanted to

49



1 kick this guy's butt. That's it, no more. I just

2 left it at that, because he's like -- he looked like

3 Tyson too. That's why we called him Tyson.

4 Q. He liked like Mike Tyson?

5 A. Yes.

6 Q. So Tyson wasn't his real name?

7 A. No.

8 Q. I probably wouldn't want to fight him

9 either.

10 Okay. So you have an idea why this Tyson

11 character was let go, but you don't have any direct

12 knowledge; is that fair?

13 A. Well, from what I understand, from what I

14 understood, it's just the argument between them.

15 Q. And the other gentleman, Jimmy, you did

16 speak to him, and he said that they were going to

17 change his route?

18 A. (Nods head)

19 Q. Okay. Did he quit or was he fired?

20 A. I just saw him walk out, and I -- what I

21 heard was, "We got rid of him, so you got his

22 route."

23 Q. Who did you hear that from?

24 A. That was Brandon. He's still there.

50



1 Q. And then you took over that route?

2 A. Yes.

3 Q. So this is --

4 A. Which is the one I got --

5 Q. -- six years ago, roughly?

6 A. About.

7 Q. So we've gone over Gerard Edmond, the

8 gentleman who looked like Mike Tyson, and Jimmy.

9 Can you think of any other drivers who were let go

10 with no notice?

11 A. No, because everything else is through the

12 grapevine. So it's not really...

13 Q. Now, when you first took your position with

14 LaserShip, was your understanding that you were

15 going to be an independent contractor?

16 A. Yes.

17 Q. Is that what you wanted?

18 A. That's what I looked for --


20 can answer.

21 Q. He's just objecting to the form. You can

22 still answer the question. If he doesn't want you

23 to answer something, I'm sure he will tell you very

24 explicitly.

51



1 So you did want to be an independent

2 contractor when you started with LaserShip?

3 MR. SIMPSON: Objection.

4 A. Yes.

5 Q. Why did you want to be an independent

6 contractor?

7 A. Because I'm on my own. I don't have

8 anybody bugging me all day long. Just like FedEx.

9 I do my own. I got my route. I go do it. As long

10 as it gets done, regardless of the time, it's done.

11 Q. And you already had your own truck, right?

12 A. Yes.

13 Q. And you already knew how to drive and make

14 deliveries, right?

15 A. Yes.

16 Q. Did you require any training when you got

17 to LaserShip?

18 A. No.

19 Q. So I just want to make sure we cover all of

20 your history of working. Before you were with

21 LaserShip, you were with FedEx, right?

22 A. Yes.

23 Q. FedEx Ground?

24 A. FedEx Home Delivery.



52

1 Q. And how long were you with FedEx?

2 A. About two years.

3 Q. And why did you leave FedEx?

4 A. The warehouse manager had his favorite

5 people, and he would keep switching me. I started

6 up in Brookline and ended up in the Mattapan, you

7 know, area. And every time, like, I would get a

8 good area, he would take it away. "Oh, what's-

9 his-name needs to train these people." And it's

10 like, "Wait a second, man. You know, you gave it to

11 me. This is the route. This is what I signed up

12 for. You know, what's going on?"

13 Q. So you were not happy with the routes you

14 were given, to say the least?

15 A. It wasn't the route. It's the person who

16 is giving me the routes, because they're not being

17 consistent. It's the inconsistency that they have.

18 We have a contract. Do not break the contract. Do

19 you know what I mean?

20 Q. Before you were with FedEx -- well, let me

21 back up. How long have you been working at

22 AutoZone?

23 A. Eight, nine years.

24 Q. So were you with AutoZone when you were



53

1 working at FedEx as well?

2 A. No.

3 Q. So did you start at AutoZone right around

4 the time you went to LaserShip?

5 A. When I left FedEx, I started with AutoZone,

6 and I worked for U-Haul, and then I went to

7 LaserShip.

8 Q. Okay. I got you. And how long were you

9 with U-Haul?

10 A. About a year.

11 Q. What were you doing there?

12 A. I would say hitch installer.

13 Q. A hitch installer?

14 A. Yes.

15 Q. That sounds pretty obvious what it is, but

16 why don't you explain to me what that job is.

17 A. We installed the hitches on the vehicles so

18 they can tow. We do the wiring, put the electrical

19 brake on it for the trailers.

20 Q. Okay. And why did you leave U-Haul?

21 A. Because I got this one (indicating).

22 Q. Because you got the LaserShip position?

23 A. Yes. Well, I got the paychecks, so I

24 switched to that.



54

1 Q. The paychecks delivery, I guess, route for

2 LaserShip; is that what you mean?

3 A. Yes, LaserShip. Well, it was the same

4 company, LaserShip, but paychecks, it was part of

5 LaserShip.

6 Q. Was it a division of LaserShip, or was it

7 one of LaserShip's customers?

8 A. One of their customers, per se, yes.

9 Q. Like Cardinal is one of LaserShip's

10 customers?

11 A. Yes.

12 Q. So -- I understand. Now, other than

13 AutoZone, while you've been working for LaserShip,

14 have you worked for anyone else?

15 A. No.

16 Q. And it has been a pretty consistent 38 or

17 so hours a week every since you've been with

18 LaserShip?

19 A. Yes.

20 Q. And how many hours a day do you work for

21 LaserShip?

22 A. That varies, depending on the load,

23 depending on the day.

24 Q. What is the range of hours?



55

1 A. Eight, nine hours.

2 Q. But it can be less?

3 A. It could be less.

4 Q. What is the low end of that spectrum?

5 A. About seven hours.

6 Q. So between seven and nine, you think you

7 work?

8 A. Seven and nine, yes. Seven, nine, nine and

9 a half.

10 Q. When you say you work seven or nine hours,

11 say a nine-hour day, when do you consider the start

12 of the workday to be?

13 A. As soon as I get there. What happens is

14 you have to wait for a dock. So whatever time you

15 get there, I consider I'm starting work. I mean, if

16 I have to wait for a dock, that's not my fault.

17 I got to help people move so I can get my

18 truck in there so I can load up and take off. And

19 then there's the question of what the day is like,

20 if it's raining or not, traffic. Some days are

21 easy. Some days you go on 93 and there was an

22 accident and then you're stuck there. So that

23 prolongs it.



24 Q. And then what do you consider the end of

56

1 your workday?

2 A. As soon as I unload and go home -- well,

3 they let me go home.

4 Q. When you say "unload," what are you

5 referring to?

6 A. Taking down the empty totes that we picked

7 up at every stop.

8 Q. And do you do that every day? Do you go

9 back to the LaserShip facility?

10 A. Every day.

11 Q. Do you have to?

12 A. Yes.

13 Q. Who told you that you have to go back every

14 day?

15 A. Warehouse manager. We got to unload,

16 because they want the totes. Otherwise we have a

17 truck full of totes.

18 Q. What's the name of the warehouse manager

19 that told you that?

20 A. He's not there any ore.

21 Q. Do you remember his name?

22 A. Hal, H-a-l.

23 Q. How long ago was it that he told you that?



24 A. Right at the beginning.

57

1 Q. So when you started at LaserShip?

2 A. Basically, yes.

3 Q. Was this when you were still driving, I

4 guess, delivering the paychecks?

5 A. I started the paychecks, and -- after

6 paychecks, because after the paychecks is that I got

7 the LaserShip -- they started with Cardinal.

8 Q. So this is after you had started delivering

9 for Cardinal that Hal told you you had to come back

10 and --

11 A. Yes. Especially if you had envelopes,

12 because I remember one day I tried to go home, and I

13 had what they call the C2 envelopes. And he got all

14 upset. "You know you have to come back." I'm,

15 like, "Okay. Okay."

16 Q. What are C2 envelopes?

17 A. C2, orders for pharmaceuticals, hard drugs,

18 I call them. OxyContin.

19 Q. Like narcotics?

20 A. Yes, narcotics.

21 Q. So when you have the C2 envelopes --

22 A. Whether you have them or not, you're



23 supposed to go back.

24 Q. So other than Hal saying you have to come

58

1 back every day, do you remember anybody else ever

2 telling you you have to come back every day?

3 A. Brandon.

4 Q. And when did Brandon tell you that?

5 A. The same time. He was, like, the

6 assistant, per se. He's like the general manager

7 now or something to that effect.

8 Q. Other than those two gentlemen, do you

9 remember anybody else saying you had to come back

10 every day?

11 A. Yes. You had the two brothers. There was

12 one -- Andre. What's his name. A Brazilian guy.

13 Also he's not there anymore.

14 Q. Anyone else?

15 A. That's it.

16 Q. Okay. And this was all back when you first

17 started?

18 A. Yes.

19 Q. Do you know what the reason for that rule

20 is? Did they explain to you why?

21 A. Well, C2s, because they got -- it's an

22 order. And the totes, because they need them back



23 to be refilled. They also get paid to send them

24 back anyhow.

59

1 Q. They get paid?

2 A. Cardinal gets -- not Cardinal. LaserShip

3 gets paid to take them back.

4 Q. You're referring to your deliveries for

5 Cardinal now, right? You have to bring back the

6 totes?

7 A. Those totes, yes. And those totes go back,

8 they're put on pallets, and they're sent back, and

9 they get paid for that.

10 Q. Since I don't know a lot about the

11 business, what do you mean by "totes"? What are you

12 referring to?

13 A. Totes are the containers where they put the

14 drugs into.

15 Q. It's like a box of some sort?

16 A. Plastic box.

17 Q. Kind of folds on the top?

18 A. Folds on top, yes.

19 Q. Now, if you wanted to work fewer hours at

20 LaserShip, is that something you could do?

21 A. No.



22 Q. Why not?

23 A. The route.

24 Q. Well, what if you wanted to change your

60

1 route?

2 A. They wouldn't do it, because all routes are

3 already set, they have a driver for them. Unless

4 you have an emergency. Then, you know, you take the

5 day off, but they give you a hard time about it. If

6 my truck breaks down, then you have to go and rent

7 another one. Either way, you have to show up.

8 Q. So you can't change the routes, because all

9 the other ones are already taken, right?

10 A. Right.

11 Q. If one opened up, would you be able to

12 maybe switch?

13 A. Well, they'll consider. It's a question of

14 who you know, I guess, because there was one that

15 opened up I asked for, never got it. Somebody else

16 got it, even though I was the first one to ask for

17 it.

18 Q. Are you sure you were the first one to ask

19 for it?

20 A. Yes.

21 Q. How do you know that?



22 A. Because I knew when the guy was going to

23 leave.

24 Q. Who got that one, that route that you

61

1 wanted?

2 A. Vega. Joe Vega got it. They split it up

3 for him the way he wanted it.

4 Q. And what was so attractive about that route

5 that you wanted it?

6 A. It was further out, more money.

7 Q. You mean further away from the LaserShip

8 facility?

9 A. Yes. The further you go out, you know, the

10 higher the pay.

11 Q. Do you know why they picked Joe Vega over

12 you?

13 A. No idea, no.

14 Q. So if another route opened up that you

15 wanted, you could at least apply for it; is that

16 right?

17 A. I can apply for it. It doesn't mean I'm

18 going to get it, but, yes, I can ask.

19 Q. Now, if you could, would you like to work

20 fewer hours?



21 A. If I could, fewer hours? Depends on the

22 money.

23 Q. Sure.

24 A. What you get paid.

62

1 Q. I think you said something earlier about

2 working on Saturdays, but you said you're not doing

3 that anymore?

4 A. No, not anymore, because of what they did.

5 Q. Because you didn't like the way Amazon

6 deliveries were going?

7 A. They were paying $2 per box, and then they

8 paid $1. They never said anything. I delivered

9 200, and I got paid for 100. And I asked, "Why?"

10 "Oh, we had a meeting. Didn't you know about the

11 meeting?"

12 Q. Was that the secret meeting you were

13 talking about before?

14 A. Yes. I consider it a secret meeting

15 because I didn't know about it. I don't know who

16 knew about it.

17 Q. Who told you about this meeting?

18 A. The person who I had complained to.

19 Q. Who was that?

20 A. I don't remember. I don't recall who it



21 was.

22 Q. And this --

23 A. Oh, yes, I do, but I don't know her name,

24 actually. She -- they let her go for some reason.

63

1 Q. It was a woman?

2 A. Yes. She was in charge of Amazon.com when

3 they first started. This is when Amazon first

4 started with them.

5 Q. She was in charge of Amazon.com. Do you

6 know what her title was?

7 A. No.

8 Q. Project manager?

9 A. No, no idea. I don't know what the titles

10 are there.

11 Q. So basically part of the problem with

12 Amazon, you're saying, is you started off getting

13 one amount per package, and then they changed it?

14 A. (Nods head)

15 Q. Did you have a contract or anything saying

16 you were supposed to get X amount for package?

17 A. Not in that case we didn't. We did it by

18 verbal contract. That's probably why they assumed,

19 you know, it wasn't enforceable or what. I mean,



20 I'm assuming.

21 She tried to get the money, but they said

22 no. So...

23 Q. Who said no?

24 A. The general manager.

64

1 Q. So what days of the week do you work right

2 now?

3 A. I work Monday through Friday.

4 Q. Now, you currently have a contract with

5 LaserShip that you referred to, right?

6 A. Yes.

7 Q. Do you remember what it's called?

8 A. What do you mean, "what it's called"?

9 Q. Is there a title to the contract?

10 A. Not that I know of, no.

11 Q. While you've been delivering for LaserShip,

12 have you ever had a contract with anyone else?

13 A. No.

14 Q. So we've established that you, on a daily

15 basis, you deliver products for Cardinal?

16 A. Yes.

17 Q. Do you deliver products for any other

18 customer of LaserShip?

19 A. Well, Amazon.com. That's it.



20 Q. It was Amazon, but you don't do that

21 anymore, right?

22 A. Yes.

23 Q. And what sort of materials do you deliver

24 for Cardinal?

65

1 A. Just pharmaceuticals. I don't know what's

2 inside. The totes are closed.

3 Q. And you deliver to various drugstores?

4 A. Drugstores, pharmacies. Hospitals,

5 previously. We don't do hospitals anymore. At

6 least I don't anyhow.

7 Q. I think you said you have a general route.

8 You call it a route, right?

9 A. Yes. It's consistent every day.

10 Q. Does that mean it's a particular area?

11 A. Yes, every day the same.

12 Q. Is it the same stops every day?

13 A. Every day the same stops.

14 Q. The exact same stops?

15 A. Yes.

16 Q. Same volume of product every day?

17 A. No. It changes. That's the only thing

18 that changes.



19 Q. I think we've established earlier that you

20 requested that route at some point, right? You

21 signed up for it?

22 A. I signed up for one. This one they just

23 gave to me.

24 Q. Well, they offered you this one, right?

66

1 A. No, they -- what happened is, at the

2 beginning, they didn't know what they were doing.

3 So I was going from South Boston to Waltham to

4 Mattapan to Boston, okay? And then slowly but

5 surely I started changing the route, you know, which

6 they didn't like, but they said, "As long as there's

7 no complaints, everything is fine."

8 Q. Okay.

9 A. So I said -- and then I started creating it

10 in a way that would make sense.

11 Q. So, all right. So you could -- if you

12 thought one place was closer, you could go where you

13 wanted first and use the streets you wanted to use

14 so it made sense and it wasn't ridiculous, right?

15 A. At the time, because I was getting late to

16 my other job, AutoZone. I was getting there, like,

17 an hour, two hours late, because I was, like,

18 bouncing all over.



19 So once that got together, they got all of

20 them together, then they started reassigning. You

21 know, this guy shouldn't be going to Waltham; this

22 guy is going closer, give it to him. And that's how

23 we ended up getting the routes.

24 Q. So you kind of corrected the order --

67

1 A. Once they were corrected.

2 Q. So where do you deliver to now? Is there,

3 like, a general area code or area that you go to?

4 A. Yes. I start at Woburn. I go to

5 Winchester. Winchester, I bounce to Burlington.

6 Then I go to Billerica. Then I backtrack.

7 Q. Back to Woburn?

8 A. Back to Woburn. And then Burlington --

9 Burlington, Woburn, and then back to the warehouse.

10 Q. So you have some deliveries at Woburn

11 before you go back to the warehouse; is that right?

12 A. Yes. They're all set on a timetable.

13 Q. What do you mean by "a timetable"?

14 A. We have to be at a certain place at a

15 certain time. We can deliver from -- we've got a

16 window, like, of about fifteen, ten minutes per

17 stop. They want us to be at every stop at the most



18 five minutes.

19 Q. And this is -- who tells you when you have

20 to be at each stop?

21 A. They got a paper that they gave us, and

22 they complained that I was delivering late. I said,

23 "Wait a minute. But I'm finishing at almost the

24 same time." "Well, this stop has to have it by a

68

1 certain time." They gave me a paper that I have to

2 follow.

3 Q. Is that the manifest?

4 A. It's not the manifest. It's a paper that

5 they have that they call -- something to do with the

6 way you do things. I forgot what it's called. I

7 don't remember. I was looking at it this morning,

8 as a matter of fact.

9 Q. Could you describe it to me. Is it a list

10 of deliveries?

11 A. It just tells me all the numbers that --

12 all the stops that I have and what time I'm getting

13 there and what time they should be there and what's

14 the latest it should be there by.

15 Q. So it tells you, for each stop, when you're

16 supposed to be there by?

17 A. Yes.



18 Q. And who gives you that piece of paper?

19 A. That was given to me by my manager, the guy

20 who I answer to directly, the guy who I see every

21 day.

22 Q. Who is that?

23 A. Steve. Because I don't remember who is who

24 there. I mean, they change so much.

69

1 Q. So Steve gives you a piece of paper and

2 tells you, "Here's the list of where you have to

3 be"?

4 A. (Nods head)

5 Q. Do you know who creates that piece of

6 paper?

7 A. No.

8 Q. Is that maybe something Cardinal creates?

9 A. Not Cardinal. I think it's generated by

10 LaserShip so you see how you are doing, how you're

11 working, how -- there's a term for it. I just can't

12 find the word.

13 Q. So, wait. Let me understand. Is LaserShip

14 the one saying when you have to be at each stop?

15 A. Yes.

16 Q. And you don't think Cardinal has anything



17 to do with that?

18 A. I would imagine they do, because they

19 get --


21 can answer.

22 A. They get penalized -- this is what Steve

23 told me. They get penalized if they're late.

24 Q. Who does, Cardinal?

70

1 A. Cardinal penalizes LaserShip. I don't know

2 if it's true or not. But that's what they told us.

3 Q. So you think it's possible that Cardinal is

4 the one telling you when you have to be at these

5 various places?


7 A. I don't know.

8 Q. You don't know for sure. Okay. Fair

9 enough. So you do have a list -- you're given a

10 list of "Here's each stop, and here's when you need

11 to be at each stop," correct?

12 A. (Nods head)

13 Q. Is it up to you what order you go to the

14 stops in?

15 A. No. They ask you, "What order are you

16 doing them in?", and that's what it's going to be



17 from there on, I guess.

18 Q. Who asks you?

19 A. Steve, the manager.

20 Q. He asks you what order you're going to do

21 them in?

22 A. No. He asks you, "What order are you doing

23 them on right now?" Because they don't know. Like

24 I say, they change managers. So each one comes in,

71

1 he doesn't know what's happening. To get an idea,

2 then he's got to know what everybody is doing, how

3 they're doing it.

4 Q. So, I'm sorry. I'm not following you.

5 Steve or his equivalent, he asks you what order you

6 do these deliveries in?

7 A. Yes.

8 Q. And who decided what order you would do the

9 deliveries in? Was that you?

10 A. No. That was them, when they gave us the

11 paperwork. We just told them --

12 Q. Who is "they"?

13 A. Well, LaserShip, whoever is there at the

14 time. When this started, when they had their idea

15 what it was, they gave us the paper. The paper says



16 1, 2, 3, 4, 5. We're supposed to follow it in that

17 order.

18 If we see something that can be done

19 better, well, I go and tell them, all right? And

20 they change it or they won't change it. It's up to

21 them.

22 Q. And so you're saying there's a piece of

23 paper that tells you what order you have to do the

24 deliveries in?

72

1 A. That's what they gave me.

2 Q. And you can't remember what this piece of

3 paper is called?

4 A. It's something to -- I don't remember what

5 it is, no, I don't. I can't remember the term.

6 It's how good you do things or expediently or

7 something to that effect. It's a report that they

8 get.

9 Q. So you're talking about -- is it some sort

10 of report that compares when you arrive to when you

11 were supposed to arrive?

12 A. Yes. They track everything down.

13 Q. And is that something that they then give

14 you -- I guess I'm not understanding how it is that

15 they give you something like that in the morning.



16 Is it your results from the day before?

17 A. Yes. From -- it's dated like maybe a month

18 or two months' worth, and they average it out, I

19 guess, I would imagine. All I know is I get a

20 paper. They gave me a paper saying, "Listen, you're

21 doing this late. You need to get it up to par."

22 I have one stop, 25 in one. I have to be

23 there by eight o'clock at the latest. One past

24 eight, then they get on my case.

73

1 Q. So there is a deadline for that particular

2 stop, right?

3 A. Yes.

4 Q. So you have to kind of -- you have to go

5 there, because that's what the deadline is for that

6 stop?

7 A. Yes.

8 Q. So it's the only place that it makes sense

9 to go first; is that right?

10 A. Yes.

11 Q. So it's not so much that somebody is

12 telling you you have to do them in this order; it's

13 just that's the only choice you're left with when

14 you look at the deadlines for the deliveries, right?



15 A. Well, because they're giving me the paper.

16 I have to do it according to the paper.

17 Q. And if the paper says you were late to this

18 one, so you have to get there sooner?

19 A. Sooner.

20 Q. So as a practical matter, you don't have a

21 lot of choice as to what goes where --

22 A. I got to follow --

23 Q. -- in what order, right?

24 A. Whatever they tell me is what I've got to

74

1 do.

2 Q. And basically what they're telling you is

3 don't be late, don't miss the deadline, right?

4 A. The deadline, yes.

5 Q. So you said the volume differs a little bit

6 on a day-to-day basis?

7 A. Yes.

8 Q. You don't know exactly how much you're

9 going to have. Now, are there other drivers at

10 LaserShip who drive for Cardinal?

11 A. Yes. There's about 30, 40 of us, Cardinal.

12 Now I think there would be a little bit more.

13 Q. Now, the drivers who don't drive for

14 Cardinal, who do they drive for?



15 A. Well, everybody drives for LaserShip. Some

16 do Cardinal, some do Amazon.com, Amazon.com being

17 the biggest right now. This just happened just not

18 too -- recently. And Cardinal now is fewer drivers,

19 because they're losing accounts, I guess.

20 Q. But you think there are still 30 to 40

21 drivers right now who are delivering Cardinal

22 products?

23 A. Yes.

24 Q. And then there's Amazon, and then -- are

75

1 there other customers too, smaller customers?

2 A. Yes. There's a whole bunch of other

3 companies. I don't know them all. Pharmaceuticals,

4 I don't know them all. They got a lot. H.D. Smith

5 and some other ones.

6 Q. Now, when you're making your deliveries,

7 there's nobody else from LaserShip in the truck with

8 you, right? It's just you alone?

9 A. Just me alone.

10 Q. Does LaserShip follow you around at all to

11 make sure you're doing your deliveries correctly?

12 A. As far as I know, yes, because if I leave

13 the key in the ignition, they notice. They mention



14 it to me. I didn't leave it in the ignition, but I

15 left them on (indicating). And they said, "You're

16 leaving your keys there." So I said, "Oh, so you're

17 following me." And the other day they did approach

18 me when I was at CVS in Winchester. They asked me

19 for an ID badge, uniform, and they filled out a form

20 and all that other stuff.

21 Q. This is somebody from LaserShip?

22 A. Yes.

23 Q. Who was it?

24 A. I don't know his name. He's -- he works

76

1 there.

2 Q. So you mentioned to me there was one time

3 that they told you that you were leaving your keys

4 on the, what, on the dashboard?

5 A. On the dashboard, yes, right there.

6 Q. Who mentioned that to you?

7 A. It was in a meeting, one of the

8 supervisors.

9 Q. You don't remember the name of the

10 supervisor?

11 A. No.


13 A. It would be, like, a couple of years ago.



14 The last one happened about -- I don't know. It was

15 this year, a couple of months ago.

16 Q. So as far as the keys on the dashboard, all

17 you know is you got back to the warehouse, and they

18 said, "Hey" --

19 A. Well, we had a meeting. They mentioned it.

20 I know, like, they weren't sure if they were, like,

21 the ignition, the keys for the vehicle or not.

22 Q. And you're not sure how they knew that?

23 A. They had to look inside to be able to see

24 something like that.

77

1 Q. Well, do you know if it was somebody from

2 LaserShip who looked inside?

3 A. I don't know, but they were the ones who

4 mentioned it.

5 Q. So it could have been somebody at the

6 customer who saw it and told LaserShip about it,

7 right?

8 A. Customers, I don't --

9 MR. SIMPSON: Objection. You can answer.

10 Q. Do you know for a fact that somebody from

11 LaserShip was the one who actually saw the keys on

12 the dashboard?



13 A. They were the ones? No.

14 Q. And then, more recently, you said somebody

15 came up and they looked at your vehicle; is that

16 right?

17 A. They looked at my vehicle, and they looked

18 at my paperwork. They asked me for an ID and

19 everything. They were from LaserShip, because I

20 seen him there. I seen him working there. He was

21 at the meeting precisely that day too.

22 Q. So you know that somebody works at

23 LaserShip; you just can't remember his name?

24 A. I didn't find out what his name is, because

78

1 I don't think I'm going to see him next week or

2 whatever. But he's still there presently.

3 Q. Other than those two times, can you

4 remember any other time?

5 A. No.

6 Q. Have you ever been offered what they call

7 an on-demand delivery?

8 A. No.

9 Q. Do you know what those are?

10 A. I would assume that's like the Amazon.com,

11 but it's like you got to do it that same day, right

12 there and then.



13 Q. But it's never something that has come up

14 with you?

15 A. No.

16 Q. Have you ever taken a delivery for

17 LaserShip outside of Massachusetts?

18 A. No.

19 Q. Never to New Hampshire or anywhere like

20 that?

21 A. No.

22 Q. You mentioned something about a scanner

23 earlier in our conversation. What did you mean by

24 that? What kind of a scanner do you have?

79

1 A. It's a scanner phone, but we use it just as

2 a scanner. I don't know what the style is. It's

3 Motorola. And with that we scan each tote, each

4 label.

5 Q. When do you use scanners? Do you scan them

6 all in the morning?

7 A. We scan them in the morning before we load

8 them up on the truck, and we scan them as we deliver

9 them.

10 Q. So every time you make a delivery, you scan

11 to show it's been delivered?



12 A. Yes.

13 Q. And who provides you with that scanner?

14 A. The company does.

15 Q. And do you have to pay for it?

16 A. Yes.

17 Q. Do you have the option of providing your

18 own?

19 A. No.

20 Q. They won't let you do that?

21 A. Not in this case, no.

22 Q. What do you mean, "Not in this case"?

23 A. Previous we did, because it was a smaller

24 version, and it was a smaller phone. When they got

80

1 to this one, some reason, they don't want you to.

2 Q. So now you're telling me that LaserShip

3 requires all drivers to use their scanner?

4 A. Yes.

5 Q. Is that true for all drivers or just --

6 A. All drivers.

7 Q. -- the people who work for Cardinal? Let

8 me finish my question. I know it's hard.

9 So as of when did LaserShip make this

10 change, where they required you to use one of

11 theirs?



12 A. About two, three years ago.

13 Q. Now, do you have your own cargo insurance?

14 A. Through LaserShip.

15 Q. You get it through LaserShip. Do you have

16 the option of going out and finding it on your own?

17 A. They haven't given us that option, no.

18 Q. Have they told you that you have to buy it

19 through LaserShip?

20 A. Yes.

21 Q. Who told you that?

22 A. They did.

23 Q. I would like to have a name of somebody

24 specific.

81

1 A. I can't give you a name, because just --

2 they change. One -- let's say, like, today's

3 contract would be signed with you. Tomorrow it

4 could be signed by the next guy. So...

5 Q. Okay. Well, I'm just asking you if you

6 remember the name, and if you don't...

7 Do you remember how long ago you were told

8 that you had to buy your -- you had to get your

9 cargo insurance through LaserShip?

10 A. Two or three years ago is when we got it.



11 Q. What about personal injury insurance? Do

12 you have that too?

13 A. Through them.

14 Q. And does that also have to be through

15 LaserShip?

16 A. Yes. Just went up, too.

17 Q. What insurance company is it? Do you know?

18 A. I -- you know, the problem that I have with

19 it is that they don't give us any paperwork saying

20 what it is, what coverage it is, if there's a

21 coverage or not. I know I'm just -- money is taken

22 out for that.

23 Q. Did you sign a form to sign up for that

24 insurance?

82

1 A. Not that I recall.

2 Q. Now, a few minutes ago you told me about an

3 instance where somebody from LaserShip came and

4 looked at your vehicle, is that right, while you

5 were out making deliveries?

6 A. Yes.

7 Q. Any other time you can remember having your

8 vehicle inspected by LaserShip?

9 A. No.

10 Q. What about a road test? Do you ever do a



11 road test when you're working for LaserShip?

12 A. About -- yes. I think it was this year, at

13 the beginning, they had us do a road test.

14 Q. Does everybody have to do a road test?

15 A. I think the guys with the 12-footers or

16 more.

17 Q. With the bigger trucks?

18 A. The bigger trucks, yes.

19 Q. Do you remember who administered that test?

20 A. I recall the guy. I don't know his name.

21 Q. Was it somebody from LaserShip?

22 A. Yes.

23 Q. And just describe how the road test went.

24 A. We just got in the truck. He sat next to

83

1 me, and he said, "How long have you been driving?

2 Move over here." I said, "I've been, like, 25 years

3 driving." "That's okay. No problem. See you."

4 Q. Just the guys with the bigger trucks did

5 the road test?

6 A. Yes.

7 Q. Do you think that's why you had to do it,

8 is because you had a bigger truck?

9 A. Yes.



10 Q. Do you know, is there, like, a regulation

11 or something that makes --

12 A. That says that? No, not that I know of.

13 But -- I mean, at FedEx I never did that, but -- you

14 know, you never know. DOT changes too.

15 Q. Sure does.

16 All right. We talked a little bit about

17 your compensation already. When you're

18 delivering -- I guess you only deliver for Cardinal

19 currently, right?

20 A. Yes.

21 Q. And how are you paid? By the stop?

22 A. By the stop.

23 Q. So how does that work if you're at a

24 building that has more than one delivery?

84

1 A. You get paid by the stop.

2 Q. You get paid just for the stop?

3 A. Yes.

4 Q. It doesn't matter how many items you

5 deliver?

6 A. No. Right now I spoke to them, and I said,

7 "You know, I'm not doing this for eight bucks." You

8 got a stop that's, like, 79, close to 100,

9 consistently. Just take it. Take it back.



10 Q. When you say 79, packages?

11 A. 79 packages, totes and packages included,

12 totes and boxes.

13 Q. And when you describe a situation like

14 that, is that like you're pulling up to a CVS or

15 something and you have to off-load all those

16 packages?

17 A. Yes.

18 Q. Do you know if you get paid more or less

19 per stop than drivers who don't have to off-load a

20 bunch of packages at one place?

21 A. I get paid -- well, the further out, the

22 more money you get. And how they have it now, I

23 don't know how -- because it's confusing now.

24 Q. Are you saying you're not sure if you get

85

1 paid more?

2 A. Well, they get it by area. So if you're in

3 this area, you get paid so much. If you're in this

4 other area, then you get paid so much.

5 Q. Is that what they call a zone?

6 A. Zones, yes. I mean, there's not a big

7 difference between one and the other. It's, like,

8 maybe, a dollar, maybe, or something. They say



9 they're going to pay us seven, and then they ended

10 up paying eight. So I'm confused. I'm just waiting

11 for everything to settle and they'd say, "Okay. This

12 is what it is."

13 Q. So you're a little bit confused exactly how

14 they're doing things right now?

15 A. Right now, yes.

16 Q. When did they make this latest change to

17 the zones?

18 A. About -- even less than a couple of weeks

19 ago, three weeks ago. About a month ago exactly.

20 Q. So before that -- let's go back to the time

21 before the zones -- do you know if you were getting

22 more per stop than drivers who maybe only have to

23 drop off one package at every stop?

24 A. Yes.

86

1 Q. You were?

2 A. Yes. People were making more than I was.

3 Q. You were getting more per stop, because you

4 had to unload so many of these things at one time?

5 A. No, because of the area. But the area --

6 one stop, regardless of the amount, is a stop, and

7 that's what they're going to pay you for. On the

8 other ones, let's say the first stop that I had, I



9 told them, I said, "I will not take it for that

10 amount." So they changed the amount.

11 Q. So you do have some ability to negotiate

12 what you're going to take?

13 A. Yes.

14 Q. And what you're going to charge for

15 deliveries, right? If you don't like it, you can --

16 A. Not what I charge. What they want to pay.

17 Q. That's what I meant. Thank you.

18 So, you know, I know there is a lot of

19 contractors operating out of Woburn, and not all of

20 them drive for Cardinal, right? So I imagine there

21 are some drivers -- correct me if I'm wrong -- that

22 don't have to deal with what you have to deal with;

23 they don't have quite as many deliveries per stop?

24 Like, if somebody is driving for Amazon, they go to

87

1 one house, they drop off one package, right?

2 A. Right.

3 Q. Do they get paid less per stop than you do?

4 A. Yes, because they're being paid by package,

5 not stop.

6 Q. Do you get any additional amount for each

7 stop under any sort of advertising agreement?



8 A. No. We get paid for the shirt. That's it.

9 Q. Well, do you get paid extra because you're

10 wearing a LaserShip shirt?

11 A. Yes. What they did is -- we got paid nine

12 per stop. So when we -- there was a girl there, Joe

13 Vega's daughter, actually, was working for them.

14 She mentioned it. She said, "You guys are not

15 getting paid for advertising like it says right here

16 in the contract." Whoa, big deal. She got fired.

17 And so they said, "We'll, you're getting

18 paid $9. So those $9, $1 goes towards your shirt.

19 The other $8 is what we're actually paying you." We

20 had to take it. We can't say much about it. We had

21 to take it.

22 Q. When did this conversation take place?

23 A. That's got to be, like, two or three years

24 ago, something like that. She opened up our eyes to

88

1 a lot of things that go were going on that we didn't

2 know about.

3 Q. Are you saying at the time before that you

4 were not getting what you were owed on your

5 contract?

6 A. Exactly. We were supposed to get $9 per

7 stop, and then we were supposed to get a percentage



8 for the shirt. And, like I say, she brought it up,

9 and then they changed that, and -- so "If you're

10 getting paid $9, we're going to pay you $8, and $1

11 for the shirt."

12 Q. Do you remember her name?

13 A. No, but I can find out, because her father

14 is still working there. Joe Vega is the one who got

15 the route that I wanted that they didn't want to

16 give to me.

17 Q. What was her -- the job of this woman who

18 told you this?

19 A. She was -- exactly, I don't know, but she

20 used to be in the office.

21 Q. And she just told you, and who else did she

22 tell this too?

23 A. She told everybody.

24 Q. She said, "You're not being paid what

89

1 you're supposed to be paid"?

2 A. Exactly, yes.

3 Q. It was because you weren't getting money

4 for wearing the shirt; is that what you're telling

5 me?

6 A. Yes. Advertising, yes. They were paying



7 us per stop, but not the advertising. And the

8 contract stipulates that they were going to pay a

9 certain amount for that advertising.

10 Q. Now, when you were delivering for Amazon,

11 did you ever say, "I don't want to take this

12 delivery"?

13 A. Yes.

14 Q. What happened? Did they just give it to

15 somebody else?

16 A. I didn't take it. Depending -- every time

17 I went there, they gave me the lousiest route,

18 Acton, you know, all the way to -- I said, "That's

19 it, man. No more." I wanted close to my house so I

20 can finish next to my house.

21 Q. Makes sense.

22 A. And you get what you get, what's left.

23 What's there is what you're going to get.

24 Q. But there were times that you would say, "I

90

1 don't want to take that particular delivery"?

2 A. Yes. Because it's not my primary.

3 Q. And they said, "That's okay"?

4 A. That I can argue with.

5 Q. What about with the Cardinal deliveries?

6 A. You have to.



7 Q. You have to do everything?

8 A. Yes.

9 Q. And that's been the case for as long as

10 you've been delivering for Cardinal; is that right?

11 A. Yes.

12 Q. Is that what you agreed to?

13 A. Yes.

14 Q. Other than what we've talked about already,

15 have you ever complained to anyone at LaserShip

16 about the way you're paid?

17 A. Yes. Everybody. Everybody complains. I

18 complain to everybody.

19 Q. What do you complain about? Like, the

20 amount? Are you saying --

21 A. The amount, why they cut us, you know, what

22 they're trying to do, you know, everything.

23 Q. By "cut us," you mean having your rates

24 cut?

91

1 A. Yes. Cut the rate of the stop. Because

2 they've been doing it for, like -- I mean, the

3 reasons they use, like I said to you at the

4 beginning, "Oh, you guys are doing it too fast."

5 So, yes, they definitely cut. It's like, what the



6 heck? I mean, they should be giving you more money

7 because you're doing it better, quicker.

8 They pull things like that. Like, "Oh, you

9 guys are complaining because you've got to separate

10 totes? I'll tell what. We're going to hire people.

11 We cut from your pay, pay them, and that's it." Cut

12 pay. It is, like, what the heck.

13 Q. When did that happen?

14 A. When we complained about unloading trucks.

15 I mean, from the beginning they said, "We're going

16 to pay you to unload trucks." So we said, "All

17 right." Then they said, "No. It's your

18 responsibility. We're not going to pay you. You

19 have to unload."

20 Q. How long ago was this?

21 A. Towards the beginning.

22 Q. Way back six, seven years ago?

23 A. Yes. And then we started unloading, and

24 then finally up to a certain point, towards the

92

1 latter of being in South Boston, everybody just got

2 upset and said, "We don't want to do this. We

3 shouldn't have to. We should just come, pick up and

4 go. That's it." That's when they decided to cut

5 it.



6 Q. What did they cut?

7 A. The pay.

8 Q. They cut the rates?

9 A. Stop.

10 Q. Did they cut it in the next contract you

11 mean?

12 A. No. Right there and then. They don't

13 follow the contract, per se. They just -- today, if

14 they want you to sign a contract today, you sign it

15 today. Tomorrow is too late. You're under duress.

16 You sign or you don't work tomorrow. That's it.

17 Q. Or you could go work somewhere else?

18 A. Exactly.

19 Q. Well, I see you're wearing a uniform today.

20 Is this what you normally wear?

21 A. Yes.

22 Q. I see you're wearing a LaserShip T-shirt.

23 Anything else?

24 A. That's it. They want your Laser shirt.

93

1 They got the hat. They don't like the hat. I argue

2 with them about the hat. They want their name on

3 it.

4 Q. I see you're not wearing the LaserShip hat?



5 A. No.

6 Q. So you just wear this hat or your own hat

7 every day?

8 A. Yes. I wear this, the hat. They want it

9 black or with their name logo. They've been bugging

10 everybody, but I told them, I said, "Listen, you see

11 all those guys? None of them have it. You're

12 singling me out. Think about it again. Go tell

13 them to change it, and I'll change it too."

14 Q. So most of the guys there aren't wearing

15 LaserShip hats; is that what you're telling me?

16 A. No.

17 Q. Just the shirt?

18 A. Shirt.

19 Q. Does everybody wear a LaserShip shirt?

20 A. Now they are. They clamp on it. You have

21 to wear dark -- black pants or blue pants. They

22 clamped down on it. So everybody is doing it.

23 Q. When did that start, that everybody is

24 wearing the LaserShip shirt?

94

1 A. This year.

2 Q. Like this -- just like this January?

3 A. Yes. Like, around that time, yes. They

4 clamped down on it.



5 Q. Before that, were a lot of guys not wearing

6 their LaserShip shirts?

7 A. Back and forth. What happened is, we had a

8 red one, we had a black one. Then they said, "Oh,

9 the black one is good, because you can't see the

10 dirt." Okay. The red one, and now we've got a

11 very nice one, red and black.

12 So we're like, "We don't want to buy

13 T-shirts. Why do we have to buy this?" Constantly,

14 Constantly changing. So now everybody's got red and

15 black. This one is just one of the old ones

16 (indicating).

17 Q. Do you have one of the new ones?

18 A. Yes. Five of them.

19 Q. So are you telling me you have to pay for

20 the uniform, for the shirt?

21 A. Yes.

22 Q. How much do you have to pay for it?

23 A. I think it's like $15, $20, something like

24 that.

95

1 Q. Now, do you know if the uniform is

2 something that Cardinal requires?

3 A. I don't know. I don't think so; otherwise,



4 it would say -- no. Well, I don't know, actually,

5 to be honest with you.

6 Q. I have some questions about your vehicle.

7 I think we've been over most of this, but let me

8 just check. Your current vehicle, do you own it or

9 do you lease it?

10 A. I own it.

11 Q. Did you take out a loan to buy it?

12 A. No. I bought it cash.

13 Q. You just bought it cash. Okay. What about

14 your previous truck? Did you buy that too?

15 A. That I bought, but it had to be -- those

16 were payments.

17 Q. So you borrowed money to buy?

18 A. That one, yes.

19 Q. Is that one all paid off?

20 A. Yes.

21 Q. Now, the new truck you bought, did you just

22 go out and pick one you liked?

23 A. I looked at it on line, and I looked for,

24 like, months and months until I found what I thought

96

1 I needed and what would be good for it. Not long,

2 so I don't have to deal with DOT, but high enough so

3 I can put big load in there.



4 Q. Can you carry as much as you used to?

5 A. Well, in case I get more. I'm hoping

6 things will get better.

7 Q. But you don't have to deal with the DOT

8 anymore, correct

9 A. No, I don't have to deal with them anymore,

10 no.

11 Q. So LaserShip didn't tell you to buy any

12 particular truck; they just --

13 A. They just wanted white. On the FedEx, the

14 other one, I had to take the signs off.

15 Q. What signs were on it?

16 A. "Ex Home" -- I just left "Ex Home." "FedEx

17 Home Delivery," and then I just took out the sides

18 so I wouldn't deal with the FedEx, but I still had

19 that.

20 Q. Does your current vehicle have a sign on

21 it?

22 A. No, nothing at all. They want to put the

23 DOT number with their name on it, and I'm saying,

24 "No." I say, "I don't have to deal with it. I

97

1 don't want it."

2 Q. Okay. There's nothing on there now?



3 A. No.

4 Q. Do you ever use that truck for anything

5 other than working for LaserShip?

6 A. No, Not lately anyhow.

7 Q. What about your old truck?

8 A. The same situation.

9 Q. Help somebody move or anything like that?

10 A. No. No.

11 Q. You have never used either truck for

12 anything other than working for LaserShip or FedEx?

13 A. Or FedEx, exactly. A lot of money in gas.

14 Q. All right. Now, in the morning you

15 mentioned -- let's back up a little bit. Where do

16 you pick up your packages in the morning?

17 A. At Woburn.

18 Q. And you said you have to pull up to a dock?

19 A. To a dock.

20 Q. Is it like an actual loading dock, or is it

21 more of a door?

22 A. It's more like a warehouse, and it's got

23 doors. Those are the loading docks right there.

24 They've got two main ones, two big ones. Two big

98

1 ones, and then the rest are small.

2 Q. So you have to wait for a spot to open?



3 A. Yes.

4 Q. And then you pull up to the door or back up

5 to the door, right?

6 A. Back up to the door, yes.

7 Q. And then do you load the truck yourself?

8 A. Yes.

9 Q. Do they tell you what order you need to

10 load the truck in?

11 A. No. That you know. I mean, first -- last

12 drop goes in first.

13 Q. You use common sense?

14 A. Right. Yes.

15 Q. And when you pull up to the door, is

16 everything -- your load sitting there waiting for

17 you?

18 A. Right now it is. Previously to that, we

19 had to go and chase it down.


21 A. I would say four or five years ago. Even

22 lately, I mean, if they don't have the people

23 separating it, we have to go and get it.

24 Q. Where do you get it from? Somewhere else

99

1 in the warehouse?



2 A. They bring it in the warehouse from the

3 truck, the trailer truck, and they just leave it in

4 pallets. You cut the plastic, got to wait for them

5 to scan them. We scan them, and then we take them.

6 Q. And then you put them onto your truck.

7 A. Yes.

8 Q. And who moves the pallet -- say the pallet

9 is still in the warehouse. Who moves it over to the

10 door?

11 A. I do.

12 Q. Now, do you have to be at LaserShip at any

13 particular time in the morning?

14 A. Well, they want us there at six; but right

15 now, they're being lenient, and they're just kind of

16 letting you come in at a certain time, you know,

17 because you got, like, waves. Ten people come in,

18 load up, go, ten other people. Well, hopefully.

19 That's the way it should be working. It doesn't

20 work that way, but...

21 Q. So you say they want you there at six?

22 A. Yes.

23 Q. Is that something like a memo they handed

24 out at a some point or --

100

1 A. No, no. They come up and they told you.



2 And that was known previously. Before, it was five

3 o'clock when we had to go to Cardinal actually,

4 because we did pick up from Cardinal.

5 Q. How long ago was that that you had to go

6 pick up at Cardinal?

7 A. About five or six years ago.

8 Q. But for the last five or six years, you

9 haven't picked up at Cardinal?

10 A. Yes. Four years.

11 Q. You just pick up in Woburn now?

12 A. Yes. Once they lost the hospital stops,

13 that was it.

14 Q. So do you know if anybody goes to Cardinal

15 to pick up their materials?

16 A. Yes. Camilo.

17 Q. Do you remember specifically anyone who

18 told you that you have to be here at six?

19 A. Yes. The warehouse managers, when we had a

20 meeting.

21 Q. I have to ask, do you recall the names of

22 who told you that?

23 A. No.

24 Q. How long ago was it?

101



1 A. Those meetings? I don't know. About three

2 or four years ago. This last time they told me,

3 "Hey, first come, first served. You come earliest,

4 that's it." I came in first, and I would be the

5 last one leaving, and they changed the spots. I

6 said, "Forget it. You guys just don't keep your

7 word."

8 So I start coming in like around 6:00,

9 6:15, because then I know there's going to be spots

10 there. So I've been doing it --

11 Q. So it works better for you; you get there

12 at 6:00, 6:15 --

13 A. And it works better for me.

14 Q. -- and then you know that's the time that

15 works for you. And I guess you have to get there in

16 time to make it to your first delivery, right?

17 A. There you go.

18 Q. And you have to think a little bit and

19 think about when you're going to be able to make it?

20 A. (Nods head)

21 Q. All right. So you can get there more or

22 less when you want, as long as you get to your

23 Cardinal deliveries on time, right?


102



1 A. No.

2 Q. Within reason?

3 A. Yes.

4 Q. Okay. Do you ever have down time between

5 your deliveries, lunch break or anything like that?

6 A. No, you can't. You're supposed to --

7 Q. Why can't you?

8 A. You're supposed to have your tank full of

9 gasoline when you get there, so you don't have to do

10 any "unscheduled stops," they refer to them as.

11 Q. If you wanted to take a break in the middle

12 of the day, are you saying you couldn't do it?

13 A. You're not supposed to.

14 Q. Because it's not possible?

15 A. Without them knowing. You know what I

16 mean? Outside of that, you can't -- you're not

17 supposed to.

18 Q. Who says you're not supposed to?

19 A. They do.


21 A. The management.

22 Q. LaserShip management?

23 A. LaserShip management.

24 Q. Does that have anything to do with the fact

103



1 that you're carrying narcotics sometimes?

2 A. Yes. I think that's got everything to do

3 with it.

4 Q. So you can't take unscheduled stops when

5 you're carrying narcotics around?

6 A. Yes. You can't stop for anybody. If you

7 have a friend, you can't stop for him. Only you in

8 the truck. If they find you with somebody else in

9 the truck, that's it, you're finished. It's strict.

10 Q. It makes sense, if you're carrying

11 dangerous drugs, right?

12 A. Oh, yes. I don't agree with having the

13 same stops at the same time, because that's setting

14 us up. There was one guy who almost got robbed.

15 Actually, he did get robbed. He got fired.

16 Q. Who was that?

17 A. I don't know his name. I just know that

18 they told us about it, and he's gone right now,

19 because one of his doors was open, yada, yada. And

20 I'm, like, well --

21 Q. He left the door open on his truck?

22 A. Well, yes. One guy came from one side, the

23 other one came from the other side, pulled a gun

24 out. He took off, but the other one had the door

104



1 open and pulled them out.

2 Q. They stole his narcotics?

3 A. Yes, whatever it was. I don't know.

4 Q. Fair enough. So you don't agree with

5 having the same stops at the same times every day?

6 A. (Nods head)

7 Q. Is that because it's too predictable for

8 somebody who might be targeting you?

9 A. Exactly. That's usually what happens. We

10 had an instance where we -- everybody left some C2s,

11 the drug orders, and whoever was supposed to pick

12 them up and send them didn't. So the following

13 morning, they came up and they said, "Hey" --

14 Brandon. I remember it was Brandon. He said,

15 "Manny, is this a joke?" I said, "What are you

16 talking about?"

17 So he had a big batch like that, and I

18 said, "I only left there three, and that was

19 yesterday." He looked up and he says, "Oh, God."

20 But then, later on in the day he goes, "It's a good

21 thing you're consistent." And I said, "Why?" He

22 goes, "Because I know where to get you." That's

23 when I said, "Oh, wait a minute. If he knows where

24 to get me, anybody else does. That's not a good

105



1 thing." But they insist on it, so...

2 Q. Cardinal insists on having things delivered

3 at specific times, right?


5 A. LaserShip.

6 Q. LaserShip. But you're not sure if Cardinal

7 is the one dictating those times?

8 A. I don't deal with Cardinal. I just deal

9 with them.

10 Q. Fair enough.

11 Now, after you make each delivery or each

12 stop, do you have to call somebody at LaserShip?

13 A. No, we don't, but we got to make sure we

14 scan them and put them through.

15 Q. You scan each package as you deliver it?

16 A. And send it through, yes.

17 Q. Do you have to call anybody at LaserShip

18 when you're done for the day?

19 A. No, because I show up at the warehouse.

20 Once I go to the warehouse, I unload. I take all

21 the manifest paperwork and orders and give it to

22 them. And they look in the computer, and they say,

23 "You missed one stop here," or "You missed this

24 here," or --



106

1 Q. How often do you actually miss a stop?

2 A. You don't miss a stop. You just didn't

3 scan them. It didn't go through. That's what they

4 refer to as missing.

5 Q. Now, do you ever get calls -- strike that.

6 Does LaserShip have dispatchers?

7 A. Well, you can call them dispatchers, yes.

8 Q. What do you call them?

9 A. Just secretaries. If something happens,

10 they call you. If not, Steve is the one that calls

11 you directly.

12 Q. What kind of things do they call you about?

13 A. "Manny, H.D. Smith is missing a tote.

14 Check to see if you have it," something to that

15 effect. Or "You left a tote here" or something.

16 Q. How often does that happen?

17 A. Once in a while.

18 Q. Is that once a month, once a week?

19 A. A couple of times a week. There's just

20 always something happening. Nothing is consistent.

21 Q. So you get calls when -- with the examples

22 you gave?

23 A. If there's a problem, yes.

24 Q. Anything else they call you about?



107

1 A. That's about as much. Usually, "When you

2 get here, meet me at the office." That's what you

3 hear.

4 Q. Now, you mentioned going back to the Woburn

5 facility at the end of the day, right? How long are

6 you there typically at the end of each day?

7 A. Depending, if somebody is before me. If

8 I'm there, if I get there myself, I unload and drop

9 the paperwork and go.

10 Q. Let's say if there is nobody there, how

11 long does it take you?

12 A. About a half hour.

13 Q. But it might be longer if you have to --

14 A. Yes, 45 minutes, depending on what's going

15 on. Sometimes the person you're supposed to drop

16 the paperwork for is not there. You've got to go

17 see who can take it, check to see you got all your

18 stops, and just go.

19 Q. Now, there are times where you actually

20 have to return pharmaceutical products to the

21 LaserShip facility for storage?

22 A. Yes.

23 Q. How often does that happen?

24 A. Whenever there's a return.



108

1 Q. Ballpark?

2 A. I would say every day once maybe.

3 Q. Every day?

4 A. Yes, just about.

5 Q. There is something you have to bring back

6 just about every day?

7 A. Yes.

8 Q. Is it your testimony there's never been a

9 day when you've gone straight home after your last

10 delivery?

11 A. No.

12 Q. You have never done that in your seven

13 years of working at LaserShip?

14 A. Never done that, because I have to unload.

15 Either way I get stuck with a whole load in the

16 back, and the following day it's even worse. You

17 got to load up, but you have to unload. It's just

18 not a good thing.

19 Q. Now you're allowed, if you want to, to make

20 deliveries for other companies, right?

21 A. According to them, yes.

22 Q. Have you ever done that?

23 A. No.

24 Q. Never made a delivery for Eastern



109

1 Connection or --

2 A. No.

3 Q. -- anybody else?

4 A. No.

5 Q. Why not?

6 A. Never been offered, and I go from one job

7 to the other.

8 Q. You really don't have time?

9 A. I don't have time.

10 Q. Because you have your other job?

11 A. Yes.

12 Q. Fair enough. Are you aware that -- of any

13 other independent contractors -- strike that.

14 Are you aware of any other drivers that do

15 deliveries for other companies like Eastern

16 Connection?

17 A. No.

18 Q. Would you know if they did or not?

19 A. No, I wouldn't. I have seen Eastern

20 Connection do deliveries for LaserShip. But outside

21 of that, no.

22 Q. So it's possible there are drivers doing

23 deliveries for Eastern Connection or some other



24 courier and you wouldn't know?

110

1 A. Actually, I wouldn't know.

2 Q. Fair enough. Does LaserShip have any

3 policies regarding driver appearance?

4 A. Yes. Uniform.

5 Q. Other than that, anything else?

6 A. No, not that I know of. The hat they're

7 bugging about.

8 Q. Hair length? Anything like that?

9 A. Never heard anything. I haven't seen

10 anybody with long hair anyhow.

11 Q. Now, the checks that you get from -- well,

12 strike that. You get a check every week?

13 A. Settlement check.

14 Q. And who does that check come from?

15 A. LaserShip.

16 Q. Do you come in to pick it up, or is it

17 mailed to you?

18 A. Pick it up.

19 Q. Do you have the option of having it mailed

20 to you?

21 A. I know they have something where you can

22 direct deposit. I never heard of it mailed or

23 anything like that.



24 Q. So you don't do the direct deposit?

111

1 A. No.

2 Q. Any particular reason?

3 A. Because I want to see what's there on paper

4 before I go anywhere, because the inconsistency in

5 the pay is great, where we just signed the contract

6 and my first two checks were missing, we were short.

7 You have to be --

8 Q. So you want to watch it?

9 A. Yes.

10 Q. So it sounds like you look at the checks

11 pretty closely?

12 A. You have to.

13 Q. Now, are there, I guess, amounts deducted

14 from your settlement check?

15 A. Yes.

16 Q. What amounts are deducted?

17 A. Administration, radio, insurance. I don't

18 know what else. I got to look at it.

19 Q. Has LaserShip always written your check, or

20 did you use to get a check from some other --

21 A. NAACA.

22 Q. N-I-C-A?



23 A. N-A-A-C-A, I think it is, NAACA or

24 something to that effect.

112


2 A. I don't know. About five years ago,

3 something like that.

4 Q. Did they also take deductions?

5 A. I don't know. I mean, pay for them?

6 Q. Well, the things we're talking about, the

7 radio --

8 A. Well, they took it for that.

9 Q. Did you ever sign any agreement with NAACA?

10 A. The one they make you sign.

11 Q. Do you still have a copy of it?

12 A. I would have to look around. That's a

13 while back. I don't know if I have any.

14 Q. Now, the deductions we've talked about for

15 cargo insurance, radio, et cetera, is that something

16 that you take as a deduction on your tax returns?

17 A. We have to. That's an expense.

18 Q. Okay. Fair enough. Do you get any

19 vacation time?

20 A. From them? No.

21 Q. What happens if you're out sick?

22 A. If you're out sick, they want you to cover



23 your route, but at the end, they end up covering it.

24 Q. So they'll find somebody to cover it for

113

1 you if they have --

2 A. They have to. I mean, there's no other

3 choice. The problem is that they want you to have a

4 backup, yet this backup practically has to work for

5 them. They have to pass through all the tests,

6 everything, have an ID, yada, yada, yada, yada. By

7 the time that happens, it could be a while. You see

8 what I mean? So they themselves, you know...

9 MR. HOFFMAN: Could you just read that back

10 for me.

11 (Answer read)

12 Q. Have you ever taken any vacation time since

13 you've been at LaserShip?

14 A. Never, except when I've been sick.

15 Q. Have you ever missed any extended period of

16 time, like a week or so?

17 A. Never.

18 Q. So for the last seven years that you've

19 been at LaserShip, you have worked every single

20 Monday through Friday?

21 A. Consistently, unless I'm sick.



22 Q. Did you understand, when you started

23 driving for LaserShip, that you wouldn't be getting

24 any vacation time?

114

1 A. Yes. We never spoke about vacation time.

2 Q. Same with health benefits; you knew when

3 you started with LaserShip you wouldn't be getting

4 health insurance?

5 A. I understood that I was an independent

6 contractor. Therefore, I wouldn't have those; I

7 would have to provide them.

8 Q. Now, are you allowed to hire other drivers

9 to do the route for you?

10 A. That's a tricky part. I'm not sure what

11 they have now. Before, you used to, you could bring

12 people in, but they changed that. So I don't know

13 what it's like now.

14 Q. Well, you say they changed it. Did they

15 give you some notification that you're no longer

16 allowed to hire people?

17 A. Well, they want you to -- they just said

18 verbally, "We want them to be certified like you

19 are," have the ID, have everything gone through,

20 what do you call, background check and all that.

21 Q. So anybody you hired, they want to put



22 through a background check?

23 A. Yes, as if they were working for them.

24 Q. You still could hire somebody, it's just

115

1 that there are some requirements, right?

2 A. I would assume, yes. I would have to ask

3 them again to see where they stand with that.

4 Q. Have you ever had somebody do your route

5 while you've been working there?

6 A. No. Except for the days that I've been out

7 that they provide.

8 Q. But that's not somebody you hired?

9 A. No.

10 Q. It's somebody they used, they put in there?

11 A. (Nods head)

12 Q. Are you aware of any other drivers there

13 who have hired people to do their routes?

14 A. There might have been. I'm not too aware

15 what happens for that.

16 Q. You don't know what the other guys are

17 doing necessarily?

18 A. Yes. You go there, you load up, you get

19 out, you come back, you go home. That's it. I

20 don't hang around, so...



21 Q. You get your job done and you go home?

22 A. Yes. If you see somebody is missing, then

23 you ask, "What's going on?" That's it, whatever you

24 can talk, and then go. Because I have to get out of

116

1 there quick. I don't have time to.

2 Q. Now, if you would estimate, what do you

3 think you make an hour at LaserShip?

4 A. Deductions and everything? It's got to be,

5 like, three bucks, four bucks an hour. It's just

6 not good. Seriously speaking, I mean -- they want

7 insurance. The insurance they want is high, because

8 you have to have extra coverage. Then you got to

9 have all the expenses that you have with them, plus

10 whatever you have with your own vehicle. So

11 that's -- you break it down, and I'll start crying.

12 Q. How can you make a living on three bucks an

13 hour?

14 A. You can't make a living like that. There's

15 no way. That's why I got the other job as a backup,

16 to help me out. This was supposed to be the main

17 job, but it ended up being the part-time job.

18 That's the way it's being now, the way it's going.

19 If they cut us again, that's it. Everybody is going

20 to walk out.



21 Q. If they lower your rates any more,

22 everybody is going to walk out?

23 A. We're at the bare minimum right now. I

24 made the changes that I made, but still that hurts.

117

1 I haven't recouped from all that.

2 Q. So you can't -- you're only making three

3 bucks an hour. I guess I don't understand why you

4 just don't get a different job than working at

5 LaserShip.

6 A. I've been looking. As soon as I get

7 something different, then I'm out, because I'm not a

8 happy camper with the way they do things. There's

9 no way.

10 Q. So your estimate of $3 an hour, and I know

11 that's just an estimate, has that been the case the

12 whole time you've been working there?

13 A. Well, before, we were making a lot more.

14 At the beginning we were making a decent pay. And

15 then they started cutting, cutting. They got greedy

16 and they started cutting. They couldn't make money

17 with the client, so they make money with us. That's

18 the way I see it. That's a personal thing.

19 Q. I understand. About how long would you say



20 you've been working for this low rate?

21 A. For this particular one? They just started

22 just not too long ago. This got changed about, I

23 don't know, a month ago.

24 Q. So as of a month ago, you think you're

118

1 making three bucks an hour?

2 A. Yes.

3 Q. Before that, what would you say you're

4 making?

5 A. About seven bucks, eight bucks an hour.

6 Q. So this last cut, as you refer to it, this

7 last cut has been particularly bad?

8 A. Oh, yes, because we're at the bottom. Now

9 we've got, like, even worse.

10 Q. And earlier, when you were working at

11 LaserShip, when you were making more money, what do

12 you think you were making per hour then?

13 A. We started, like -- in the beginning it was

14 like $1200 a week. Right now we're doing like

15 $300 -- like $500 a week, $400, which is a big cut,

16 it's a big change, on everything.

17 MR. HOFFMAN: I'm going to take a little

18 break for the men's room and go off the record for a

19 few minutes.



20 (Recess)

21 MR. HOFFMAN: I'm going to mark this as

22 Exhibit 1.

23 (Document marked as Sanchez

24 Exhibit 1 for identification)

119

1 Q. Mr. Sanchez, I'm going to have you look at

2 this document. Is this one of the documents that

3 you produced to your attorney?

4 A. Yes.

5 Q. Up at the top you see it says, "Profit or

6 Loss From Business." What business is that

7 referring to?

8 A. That's the independent contract.

9 Q. For LaserShip?

10 A. Yes.

11 Q. And this is from the year 2008?

12 A. Yes.

13 Q. If you look in the right-hand column, it

14 says, down kind of close to the bottom, Line 28, it

15 says, "Total expenses, $61,852."

16 A. Yes.

17 Q. Do you see that? And then it says you have

18 a tentative loss for the year 2008 of $15,697?



19 A. Yes.

20 Q. So are you saying here that you actually

21 lost $15,000 or almost $16,000 driving for LaserShip

22 in the year 2008?

23 A. Yes. Truck repair.

24 Q. If you could turn to the next page, down at

120

1 the bottom, under "Other Expenses," do you see a

2 number of items there?

3 A. Yes.

4 Q. I would just like to learn a little bit

5 more about what those are. It says, "Uniforms

6 Cleaning, $396." Can you tell me what this is?

7 A. Yes, washing the uniforms.

8 Q. You mean the shirt you have?

9 A. Shirt, yes, pants.

10 Q. How did you arrive at the number, the $396?

11 A. The total amount. That's with the -- but

12 that's including also the ones from AutoZone,

13 uniforms.

14 Q. So when you say that's the cost of washing

15 it, how did you wash these uniforms?

16 A. I take them to a wash place, a cleaning

17 place.

18 Q. Is that what you do with the rest of your



19 laundry?

20 A. Yes. With my uniforms and everything, just

21 threw them there.

22 Q. So you threw everything --

23 A. Just uniforms, yes.

24 Q. So all your normal laundry and your

121

1 uniforms for your two jobs are included in that

2 $396?

3 A. Not my other laundry. Just the uniforms.

4 Uniform pants --

5 Q. Did you have those cleaned separately?

6 A. What do you mean, "separately"?

7 Q. I guess I'm wondering how you were able to

8 determine $396 went just for your uniforms.

9 A. That's going to be, like, every two weeks,

10 whatever the amount is.

11 Q. You had them cleaned every two weeks?

12 A. I had them washed. I got washed one week,

13 one week, one week.

14 Q. I'm still trying to understand. Were

15 they -- did you give your uniforms separately to the

16 cleaning service?

17 A. Yes.



18 Q. And you saved the receipts for just the

19 uniforms, and that's where you came up with this

20 $396?

21 A. Yes.

22 Q. And this is what you do with all your

23 laundry on a normal basis, take it to a laundromat?

24 A. No. Just the uniforms.

122

1 Q. So just your uniforms is what you take to

2 the laundromat?

3 A. Yes.

4 Q. And the other laundry you do at home?

5 A. Yes.

6 Q. Any particular you reason you felt like you

7 had to take your --

8 A. -- uniforms over there? Because it's much

9 quicker, much easier. I don't have to worry about

10 it. I go there, they come out dry, pressed. I

11 don't have to do anything with them. I just drop

12 and pick up.

13 Q. So it's not a LaserShip requirement that

14 they had to be professionally cleaned or anything

15 like that?

16 A. No. They're not professionally cleaned,

17 but they're, like, washed.



18 Q. Okay. And then what about work boots and

19 gloves, $349?

20 A. Yes. Boots are about $100 each. They

21 don't last you that long. And the gloves, the same

22 thing. They rip.

23 Q. So all that costs you. The next item is

24 "Lost Products" for $4,322. What does that

123

1 represent?

2 A. Products that are lost. But that's -- let

3 me see this right here. That's the insurance... I

4 got to look and see what it breaks down on.

5 Q. Do you have backup for these numbers? Do

6 you have receipts or anything?

7 A. I hope I do, yes. I got to look them up.

8 Q. So the lost products, it sounds like you're

9 going to have to do some research to figure out what

10 that's for, right?

11 A. Yes.

12 Q. The next item down is "Tools."

13 A. Tools.

14 Q. What tools are you referring to?

15 A. Whatever it needs to repair the vehicle.

16 Q. What kind of vehicle repair did you do on



17 your own?

18 A. On my own, I can do the water pump,

19 alternators, belts and oil changes.

20 Q. So that's all under "Tools." That's all

21 vehicle maintenance?

22 A. Yes.

23 Q. Do you have backup for that too?

24 A. Yes. That has to be looked up, anyhow.

124

1 Q. The next one down is "NICA Fees"?

2 A. Yes.

3 Q. What is that?

4 A. That's from NICA. That's the company that

5 they had to do the -- they issued the checks.

6 That's the company you were asking about.

7 Q. There is one thing I did forget to follow

8 up on before. You mentioned something earlier about

9 the LaserShip facility used to be somewhere other

10 than Woburn?

11 A. Yes.


13 A. I don't know. About six years ago, five

14 years ago.

15 Q. Where was it?

16 A. In South Boston.



17 Q. And the procedures for picking products up

18 and so forth, were those any different there?

19 A. Same situation, pick up. Choose the dock.

20 Q. Did you have to go back at the end of the

21 day?

22 A. Of course. Always.

23 Q. And getting back to the exhibit here, what

24 are the NICA fees for?

125

1 A. NICA fees, as far as I know, there was

2 insurance, and there was the service for doing the

3 checks. That's what it was.

4 Q. And who was that paid to? Paid to NICA?

5 A. I assume that was taken out to NICA. As

6 they paid the checks, I would assume they take it

7 out before they give them to you.

8 Q. So during that time, 2008, NICA was

9 actually paying your check, right?

10 A. Yes.

11 Q. And they were taking the deductions?

12 A. Yes. They were the ones issuing the

13 checks, yes.

14 Q. Next item down is something for telephone

15 for $3,129. Can you tell me what that is.



16 A. Phone. Use of the phone. $150, $200 a

17 week -- a month, I mean.

18 Q. Which phone?

19 A. Two phones.

20 Q. Which phone are we talking about?

21 A. Talking about my personal phone, the one

22 that I use for work.

23 Q. So the cost of your -- the phone you were

24 using for LaserShip is included in here?

126

1 A. Yes.

2 Q. And it's the cost of the phone itself,

3 right? That's one part of it?

4 A. Yes.

5 Q. And what else?

6 A. That's about as much as I know.

7 Q. Well, how much did the phone cost?

8 A. The phone is, like, what, $300, $400,

9 something like that?

10 Q. And then --

11 A. And monthly.

12 Q. And I guess I'm not following how it totals

13 up to $3,000.

14 A. Well, I got to break it down and see what

15 it is. The same situation.



16 Q. So that's something you will have to

17 research a little more?

18 A. Yes.

19 Q. Next one is "Safety Glasses" for $745.

20 Could you explain to me why it's $745 for safety

21 glasses?

22 A. That's what the new glasses cost me when

23 they broke.

24 Q. Safety glasses cost you $745?

127

1 A. The glasses that I was using.

2 Q. So replacing your safety glasses, just one

3 pair -- I don't know anything about safety glasses.

4 A. It's not glass. It's plastic. It's

5 plastic so it doesn't break.

6 Q. So that was $750, almost, to replace them?

7 A. Yes. Lens Crafters.

8 Q. And then "Admin Fees, $739," do you know

9 what that is?

10 A. That's the administration fees from NICA

11 and the office.

12 Q. But you have a separate entry for NICA

13 fees. Why do you have two of them?

14 A. That I've got to see and check to see how



15 that went.

16 Q. You can put that one aside.

17 MR. HOFFMAN: Let's mark this as 2.



20 Q. Before I forget, the first one, do you

21 recognize that to be your Schedule C? Exhibit 1,

22 does that look like it's yours?

23 A. Yes. That's not a signature of mine, but,

24 yes.

128

1 Q. The same question for Exhibit 2. This is

2 also the Profit or Loss From Business for 2009. Is

3 this your Schedule C?

4 A. Yes.

5 Q. And on Page 1 it appears to show total

6 expenses on Line 28 of $33,510, showing a net profit

7 for the year of $2,285, right?

8 A. Yes.

9 Q. Lower right corner?

10 A. (Nods head)

11 Q. Now, Page 2 we have some of the same items

12 we had on the previous schedule. "Uniforms

13 Cleaning" of $464. Is that, again, for uniforms for

14 AutoZone and LaserShip?



15 A. Yes.

16 Q. And you had them taken to where, a

17 laundromat?

18 A. Yes.

19 Q. And you figured out that's how much the

20 cleaning cost for the year, right?

21 A. All this I got to research again. I got to

22 look up through the bills and everything.

23 Q. And did you have backup for the amounts

24 that are on this page?

129

1 A. I hope so, yes.

2 Q. Next line is "Work Boots" and "Gloves"

3 again. Another $338? Did you buy new work boots

4 every year?

5 A. Yes.

6 Q. And between the boots and the gloves it was

7 $338, right?

8 A. Yes. The gloves are expensive.

9 Q. And the next line is "Lost Products,

10 $2,575." Do you know what that means?

11 A. Lost products. That would be, like,

12 insurance and all that.

13 Q. What do you mean by "insurance"?



14 A. The insurance that we have to pay for the

15 company.

16 Q. Cargo insurance?

17 A. Cargo insurance.

18 Q. So you think maybe lost products is

19 actually cargo insurance?

20 A. Cargo insurance it would be. I've got to

21 check all of this stuff again.

22 Q. I understand. I'm asking you the best of

23 your recollection right now.

24 And then "Scanner," what is that for?

130

1 A. That's the scanner that we use at work.

2 Q. And did you have to buy a scanner on your

3 own, or is that something you're paying by the

4 month?

5 A. Paying by the month.

6 Q. Next line is "NICA Fees." That's, again,

7 same answer as the previous document?

8 A. Yes.

9 Q. And then the telephone charge on here, any

10 recollection what this would be for?

11 A. Same thing. Daily work, usage.

12 Q. When you say "usage," do you mean, like,

13 your monthly bill for the telephone?



14 A. Monthly bill, yes.

15 Q. And then the cost of the phone itself?

16 A. No. I changed the phone actually twice,

17 but it didn't cost me that much. I got to, like I

18 said, research again.

19 Q. As we sit here today, you think this is

20 just for your monthly bill on your cell phone?

21 A. Yes.

22 Q. "Safety Glasses, $15." Do you know why it

23 would be so much lower in this particular year?

24 A. Insurance.

131

1 Q. Insurance covered your new glasses?

2 A. Yes. I mean, I'm not -- I can't say that.

3 Q. You're guessing?

4 A. Yes.

5 MR. SIMPSON: Don't guess.

6 Q. "Admin Fees," do you believe that has the

7 same meaning as you gave for the previous document?

8 A. Administration fees, yes.

9 Q. What about "Storage"? Do you know what

10 that item is for?

11 A. Yes. I got a storage place where I keep

12 all my tools and stuff that I cannot carry in the



13 truck.

14 Q. And, again, what do you need tools for?

15 A. Repair the truck, whatever I can do. If

16 there's any lifting or anything, I can't get it, it

17 goes to the shop.

18 Q. And what kind of -- could you remind me --

19 you may have already answered this, but what tools

20 do you have that you kept in the storage area?

21 A. I have a toolbox. It's called a flatbed.

22 Q. How big is the toolbox?

23 A. I don't know. From here to, like, that

24 seat from here, about that wide.

132

1 Q. So it looks like you're -- maybe five feet

2 long?

3 A. Yes.

4 Q. And two feet wide, roughly?

5 A. Yes.

6 Q. And you had this in a separate storage

7 area?

8 A. Yes.

9 Q. It is too big to store in your home?

10 A. I don't have a home. That's why.

11 Q. I thought you said earlier that you lived

12 with your wife.



13 A. Yes. I live with my wife, but it's not my

14 house. We rent.

15 Q. You rent?

16 A. We don't own.

17 Q. But you're renting a home, right?

18 A. Yes.

19 Q. And you don't have enough space to store

20 this toolbox there?

21 A. We don't have any space for that, no. It's

22 too big for that.

23 Q. Fair enough. 2009 was that one, right?

24 A. (Nods head)

133

1 MR. HOFFMAN: Mark this as No. 3, please.



4 Q. Go ahead and take a look at that one, Mr.

5 Sanchez. This is another Schedule C that your

6 attorney produced to us. Do you know what year this

7 is for?

8 A. No, I don't.

9 Q. Do you notice in the upper right-hand

10 corner there's no year?

11 A. 2010.



12 Q. In the lower left-hand corner, it does

13 appear there is a partial "2010" there. Do you

14 think this is for the year 2010?

15 A. I'm not sure, exactly.

16 Q. In the lower right-hand corner there is the

17 number "2010."

18 A. "2010."

19 Q. Do you have a document for 2011, a similar

20 Schedule C for the year 2011?

21 A. That would be for this year.

22 Q. Did you file one this year?

23 A. I haven't filed one. It is still pending.

24 Q. Did you get an extension to file your

134

1 taxes?

2 A. Yes.

3 Q. When does your extension run through?

4 A. I don't know. I got to find out. I've

5 been trying to call the guy. He went on vacation.

6 Q. And this Schedule C, Profit or Loss From

7 Business for the year 2010, shows total expenses of

8 $32,824 and a profit of $4,921; is that right?

9 A. Yes.

10 Q. And is this, again, just for your business

11 of delivering with LaserShip?



12 A. That, and AutoZone.

13 Q. Are you an employee at AutoZone?

14 A. Yes.

15 Q. Page 2, if you could look at that, I think

16 these are mostly the same items we had before.

17 "Uniforms Cleaning," that, again, is for both your

18 AutoZone and your LaserShip uniforms?

19 A. Yes.

20 Q. The "Work Boots Gloves, $300," do you use

21 those work boots and gloves for LaserShip or for

22 AutoZone or for both?

23 A. For both. One is for AutoZone and the

24 other is for -- sneakers for AutoZone. LaserShip,

135

1 boots.

2 Q. You wear sneakers at AutoZone?

3 A. Yes.

4 Q. Below that, "Lost Products." Any more of a

5 recollection of what that could be for?

6 A. It's got to be the insurance, I would

7 assume.

8 Q. When you say "insurance," you mean the

9 cargo insurance for LaserShip?

10 A. Yes.



11 Q. For that job? And the "Scanner," again, we

12 already went over. Is it the same as the previous

13 documents?

14 A. Yes.

15 Q. All right. "NICA Fees," $1400, roughly.

16 You're still paying NICA fees in the year 2010?

17 A. Well, that's for the administration. The

18 guy didn't change them over in the H&R Block.

19 Q. So you don't think you were paying fees to

20 NICA in 2010?

21 A. No. He should have changed that too. I

22 didn't notice that.

23 Q. Do you think, in 2009, you were still

24 paying fees to NICA?

136

1 A. I don't know when it was changed. I can

2 try to figure it out.

3 Q. And, again, I -- forgive me if I've asked

4 this before, but there is one for "NICA Fees" and

5 one for "Admin Fees." Do you know what the

6 difference is?

7 A. No. Unless he hasn't -- and I didn't

8 notice. He might have mixed them.

9 Q. You have your taxes done at H&R Block; is

10 that what you said?



11 A. Yes. I just drop everything off, come

12 inside, "See you later."

13 Q. "Safety Glasses" are $40, right?

14 A. Yes.

15 Q. You got another pair of safety glasses in

16 2010?

17 A. These were plastic, though. They go over

18 the other ones.

19 Q. And then "Storage" at the bottom. Is that,

20 again, for your tools?

21 A. Yes.

22 Q. And "Telephone," are you saying that those

23 are, again, the monthly charges for your cell phone?

24 A. Yes.

137

1 Q. Anything else?

2 A. That's it.

3 Q. So is there a particular office that you go

4 to of H&R Block?

5 A. Yes. The one over here on Tremont.

6 Q. Pretty close to this office?

7 A. Yes. No parking space.

8 Q. That's right. And you think you have

9 backup for those amounts that are on your tax



10 return, right?

11 A. Yes.

12 Q. But you haven't given that to your attorney

13 yet?

14 A. No. I just -- I wasn't asked for those.

15 Again, this one needs research, because some of this

16 stuff I throw away, backup papers.

17 Q. And you throw them away on a yearly basis,

18 basically, right?

19 A. As soon as you do this, you don't need

20 them, supposedly.

21 Q. Earlier I think I asked you if you had gone

22 through this exercise this year with H&R Block,

23 right? Have you actually -- have you given all your

24 backup receipts and everything to H&R Block?

138

1 A. Paperwork to them, yes. What they're

2 doing --

3 Q. April of this year you did that?

4 A. I got to see what I got to them. I don't

5 remember. It's been a while since I've seen the

6 guy. I keep forgetting, and I keep going back and

7 forth.

8 Q. Do you remember if you saw him this year?

9 A. Just to drop the paper off. I got a copy



10 of this. That was it.

11 Q. So you did go in this year and drop the

12 paper off?

13 A. Yes. I had to. That's how you get the

14 extension.

15 Q. And then after that you thew what you had

16 away?

17 A. I got to wait for him to talk to me first

18 and then see what we have.

19 Q. But you threw away the receipts you had,

20 your copies of the receipts?

21 A. No, I won't have. I don't think so.

22 Q. You don't think you threw them away?

23 A. I got to look. Like I say, everything is

24 put in bags, so I got to check.

139

1 Q. I just want to make sure our record is

2 clear. I thought what you said is that your normal

3 practice is to --

4 A. Do the taxes and then throw out.

5 Q. Let me finish.

6 MR. SIMPSON: Let him finish asking the

7 question.

8 Q. You give your materials to your tax rep and



9 then throw away your own copies; isn't that right?

10 Is that what you did this year?

11 A. I haven't done it this year, because I just

12 dropped the paperwork off. I got to wait until I

13 see him.

14 Q. But that is what you do on a normal basis,

15 right?

16 A. That's correct.

17 Q. Have you spoken to anybody else about this

18 lawsuit other than your attorneys?

19 A. No.

20 MR. HOFFMAN: Mark this as 4.



23 Q. Mr. Sanchez, do you recognize this

24 document?

140

1 A. Yes.

2 Q. What is it?

3 A. (Reviewing document) This is the new

4 contract...

5 Q. If you look on the second page, under

6 "Contractor" on the bottom left-hand side, is that

7 your signature?

8 A. Yes.



9 Q. And it looks like you signed this in June

10 of 2011?

11 A. 2011.

12 Q. And the first page it says it's an

13 Advertising and Marketing Agreement, right?

14 A. Yes.

15 Q. Do you know what this agreement provides

16 for?

17 A. I would assume the advertising for them.

18 Q. Some extra money that you get for wearing

19 the LaserShip shirt?

20 A. Yes.

21 Q. And about halfway down on the first page,

22 under "Description of Services," Paragraph b., it

23 describes the uniform a little bit. It says you

24 can -- "wearing... any of the approved combination

141

1 of Laser promotional materials including, but not

2 limited to... shirts, jackets, hats, and vehicle

3 decals," right?

4 A. Yes.

5 Q. You only wear the shirt?

6 A. Yes.

7 Q. And you still get your money?



8 A. For the shirt, $1, yes. But this is new,

9 because they didn't have vehicle decals before or

10 jackets or hats.

11 Q. Well, what -- okay. Have you ever worn a

12 jacket or a hat with the LaserShip logo?

13 A. Yes.

14 Q. When?

15 A. When they gave it to me.

16 Q. But I see you don't wear it anymore?

17 A. I wear it occasionally. I don't now, but,

18 yes.

19 Q. You have worn it on occasion in the past?

20 A. Yes. But this is new. This is from this

21 year, though.

22 Q. This is from 2011.

23 A. Yes. '11, '12. Last year.

24 Q. You can put that aside.

142



3 Q. Take a moment and look that over, please.

4 A. (Reviewing document)

5 Q. Let me know when you're ready.

6 First of all, if you could turn to the very

7 last page, it says "L000017" at the bottom right.



8 Is that your signature on this page?

9 A. Yes.

10 Q. And if you could go two pages before that,

11 the bottom left it looks like that's your signature

12 again; is that right? This one says "L000015" on

13 the bottom right.

14 A. Okay. Yes.

15 Q. Is that your signature?

16 A. Yes.

17 Q. Do you recognize this document?

18 A. Yes.

19 Q. What is it?

20 A. It's a contract.

21 Q. Is this the contract we talked about before

22 between you and LaserShip?

23 A. One of them.

24 Q. What do you mean by "one of them"?

143

1 A. That's not the only one we signed. We

2 signed many. I think they're signed on a yearly

3 basis or every two years. It was three years

4 before, and now it seems like two, and now it seems

5 like it's every year.

6 Q. And this one looks like it was signed in



7 July of 2011; does that look right?

8 A. Yes.

9 Q. On the first page, under Paragraph C, it

10 says, "Laser desires to retain the services of

11 Contractor on a non-exclusive basis to provide

12 driving and transportation services."

13 Does that sound right to you?

14 A. Yes.

15 Q. The next page, under Paragraph 1.c, it

16 says, "Contractor is not required to render the

17 services hereunder personally and has the right to

18 hire others to perform Jobs under this Agreement."

19 Do you agree with that, that you have that

20 right?


22 A. According to this, yes. What's on paper is

23 one thing. What they tell you is another, though.

24 Q. Well, has anyone ever told you you're not

144

1 allowed to hire people to perform jobs under the

2 agreement?

3 A. We're supposed to do it under -- it's not

4 under the agreement, but they have to be okayed by

5 them, according to their regulations and everything.

6 That works for the shirt and everything. Accepted



7 by them, that's not in here. That's not -- I would

8 understand it differently.

9 Q. But you would agree with me that you are,

10 with some --

11 A. What the contract says.

12 Q. Please let me finish my question. You

13 would agree with me that, with some restrictions or

14 other regulations, you are allowed to hire other

15 people to do -- make the deliveries?

16 A. According to the contract, yes.

17 Q. Are you telling me that you're not allowed

18 to hire other people to do the deliveries in

19 reality?

20 A. In reality, I have to do it according to --

21 they have to be okayed by them and everything else

22 by them. That doesn't say here. It doesn't give

23 you a regulation on how to follow.

24 Q. In other words, you can hire other people

145

1 with some additional restrictions that you're saying

2 are not in the contract; is that right?

3 A. Yes.

4 Q. And what are those restrictions? That they

5 have to be okayed by LaserShip?



6 A. They have to be okayed by them, wear their

7 shirt, be approved by them, pass through the whole

8 process that everybody else supposedly passes

9 through.

10 Q. Okay. Can you turn to the last page,

11 please. It says "Schedule One" at the top.

12 A. Yes.

13 Q. There's some handwriting about halfway

14 down. It says "Route 033." Is that your route?

15 A. No.

16 Q. What is your route?

17 A. 028.

18 Q. Was 033 your route at some point?

19 A. I don't recall it.

20 Q. So it's possible this could have been your

21 route when you signed this contract?

22 A. There's a possibility. I'm not sure. I

23 can't say.

24 Q. But then it says -- to the right of that it

146

1 says, "$9.00/stop." What does that mean?

2 A. That means we get paid $9 for each

3 individual stop, regardless of the amount of cargo.

4 Q. And then to the right of that, there's an

5 additional $1?



6 A. $1.

7 Q. So you got a total of $10 per stop?

8 A. Yes.

9 Q. Could you go back to Page 2, Paragraph d.

10 It says, "Contractor shall determine the means and

11 methods by which" he or she and "(or his employees

12 or subcontractor) shall complete a Job and perform

13 its obligations under this Agreement." Do you see

14 that?

15 A. Yes.

16 Q. Do you agree that that's true in reality?


18 can answer.

19 A. I'm trying to read it to see exactly what

20 is said. (Reviewing document) All right. That's

21 what it says here, yes.

22 Q. Do you agree that you're allowed to

23 determine the means and methods by which you

24 complete your jobs?

147


2 A. If you're saying by, what, a vehicle that

3 is used?

4 Q. In other words, are you allowed to



5 determine how you make the deliveries?

6 A. No, because we have to use a vehicle

7 according to what they want.

8 Q. Who is "they"?

9 A. LaserShip.

10 Q. Well, what kind of --

11 A. Tinted windows, no windows, no decals,

12 things like that.

13 Q. Any other way in which you are not allowed

14 to determine the means and methods by which you

15 complete the job?

16 A. No. Just by those.

17 Q. All right. You can put that aside.




21 A. Yes.

22 Q. Can you tell me what it is?

23 A. It's how they base your pay, according to

24 the zone you deliver.

148

1 Q. Is this the zone system you were telling me

2 about a little while ago?

3 A. Yes.

4 Q. And when was this implemented?



5 A. Just a couple of weeks ago.

6 Q. Can you explain to me what this grid means.

7 A. What this grid means?

8 Q. Where it says, "Commissions Per Zone"?

9 A. Zone, there's another paper that comes

10 along with it which tells you the ZIP Codes.

11 Q. Okay. One moment.

12 MR. HOFFMAN: Mark this Exhibit 7, please.



15 Q. We've handed you Exhibit 7. Is that the

16 document that you're talking about that shows the

17 ZIP Codes?

18 A. Yes.

19 Q. Now, can you explain to me how Exhibit 6,

20 the commissions per zone, how it works?

21 A. Well, according to what the ZIP Codes you

22 have where you go to, that's how you get paid,

23 according to the commissions per zone. If you were

24 delivering Amazon, Office Depot, payroll, that's

149

1 what they would pay you for each individual stop.

2 Q. So, in other words, let's look at the

3 Exhibit 6, the Schedule One, the chart that says



4 "Amazon," and immediately to the right of that it

5 says "$1.25," right?

6 A. Yes.

7 Q. So that means if you're going somewhere in

8 Zone 1, each stop for Amazon would pay you $1.25?

9 A. Exactly.

10 Q. And then Zone 1 is determined by looking at

11 Exhibit 7, the zone listings, right?

12 A. Yes.

13 Q. And on the left-hand side of Exhibit 7,

14 Zone 1, it lists the ZIP Codes that would fall into

15 Zone 1, right?

16 A. Right.

17 Q. On the bottom of the Exhibit 7, on the

18 left-hand side, is that your signature?

19 A. Yes.

20 Q. And also is that your signature at the

21 bottom of Exhibit 6?

22 A. Yes.

23 Q. * So this is, I guess, the new pricing

24 schedule --

150

1 A. Yes.

2 Q. * -- that you agreed to in July?




4 can answer.

5 MR. HOFFMAN: Can you read the question

6 back, please.

7 (* Questions read)

8 A. Yes, it would be.

9 Q. One other question for you on Exhibit 6.

10 Actually, a couple. About halfway down it says,

11 "See Schedule 1 Zone Listings." We've looked at

12 that. And then under that it says, on the left-hand

13 side, "Client/Route." It says, "Payroll

14 Quarterlies." Can you tell me what those are?

15 A. No idea.

16 Q. And below that is "On Demand," right?

17 A. Yes.

18 Q. And what does that mean?

19 A. That, I don't know. I don't do that.

20 Q. I think you may have told me earlier that

21 on-demand delivery is something they give you at the

22 last minute?

23 A. Yes. But I don't know what it means here

24 on this, why would it be on this, because I don't do

151

1 any of that.

2 Q. You don't do any on-demand deliveries?



3 A. No.

4 Q. Do you know what Stratagraphic is?

5 A. No. It sounds like different companies

6 right here. Payroll Quarterlies are the payroll

7 papers that they used to do at the beginning. On

8 demand, I guess what we talked about. I don't know

9 what that is. And the other one has got to be a

10 different other company.

11 This is what they're trying to implement or

12 trying to put into the routes. Once they cut it,

13 they want us to do also all these right here.

14 MR. HOFFMAN: Off the record for a second.


16 Q. Under "Stratagraphic" on that page, it says

17 "Other," and then to the right of that it says -- in

18 handwriting there's some numbers, and then I think

19 it says, "8 Hovey." Do you know what that means?

20 A. Yes.

21 Q. What does it mean?

22 A. That's my first stop. That's the stop

23 that's about 79 stops in one.

24 Q. And then to the right of that it says, "$25

152

1 per stop," right?

2 A. That's what we agreed for the stop.



3 Q. And then below that it says -- there are

4 some more numbers. It says --

5 A. "New England Life."

6 Q. -- "New England Life." Where is that stop

7 located?

8 A. That's also in Burlington. Actually,

9 Burlington -- the other one is in Winchester.

10 Q. And for New England Life, for that stop,

11 you get $12 per stop?

12 A. $12 per stop.

13 Q. And then going back up to the chart at the

14 top of the page, it says -- well, which of those, I

15 guess, rows would apply to you? "Pharmacy,"

16 "Amazon," "All Other"?

17 A. Just "Pharmacy."

18 Q. So it looks like your stops are worth a

19 little more per stop than some of the other ones,

20 right?

21 A. Uh-huh.

22 Q. I think we're done with these.

23 A. This is a little confusing, because --

24 MR. SIMPSON: Let him ask the question.

153

1 There is no question pending.



2 Q. What do you find confusing about that

3 chart?

4 A. Because they get paid per package. They

5 didn't specify here package or period.

6 Q. So just for the record, it looks like

7 you're pointing at "Amazon" and the numbers next to

8 "Amazon" on Exhibit 6 when you said they are paid

9 per package?

10 A. Uh-huh.

11 Q. Whereas you were paid per stop?

12 A. Uh-huh.

13 Q. And there may be more than one package per

14 stop, right?

15 A. Uh-huh.

16 MR. SIMPSON: Say "Yes" for the record.

17 A. Yes.



20 Q. Do you recognize Exhibit 8?

21 A. Yes.

22 Q. What is it?

23 A. It's a shipping manifest.

24 Q. From whom?

154

1 A. That's from LaserShip.



2 Q. Is this the document you were referring to

3 before when you said this was what shows you what

4 order to do these deliveries in?

5 A. Yes. Exactly.

6 Q. So it's the shipping manifest, and below

7 "Shipping Manifest" at the top it says, "Route 928."

8 Is that your route?

9 A. Yes.

10 Q. So below that there's a block, and it says,

11 "Stop 22, SAFECOR," and then there are a series of

12 invoice numbers. Can you tell me what those are?

13 A. Those are the different companies that I'm

14 delivering to in the same place.

15 Q. What sort of a building is 8 Hovey Street

16 in Woburn?

17 A. Warehouse.

18 Q. And there are all these different companies

19 in one warehouse?

20 A. Well, they distribute whatever they get

21 from them -- to them.

22 Q. So you're basically taking it to another

23 warehouse to be distributed again?

24 A. Yes. Well, they do certain things there,

155



1 but, yes.

2 Q. Do you drop all of these packages off in

3 the same place?

4 A. Yes. Totes. Boxes.

5 Q. Whose warehouse is this?

6 A. That belongs to SAFECOR. I think it's

7 SAFECOR.

8 Q. All right. Looking over on the right-hand

9 side, under that entry where it says "Time," does

10 that say seven o'clock?

11 A. Yes. "7:50."

12 Q. Does that mean you got there at 7:50?

13 A. 7:50.

14 Q. And then above that there's a handwritten

15 name, "Stephanie." Do you know who that is?

16 A. Shipper, receiver.

17 Q. She's the receiver. Okay. So I see it

18 looks like there are three stops indicated on this

19 manifest, right?

20 A. Yes.

21 Q. Do you have to go to them in any particular

22 order?

23 A. The order that's there.

24 Q. If you look at Stop 32 in the middle of the

156



1 page, what time is written there?

2 A. 12:20.

3 Q. And then Stop 42, below that, what's the

4 time on that one?

5 A. 12:05.

6 Q. So, in other words, you're not saying you

7 have to go to them, to the stops, in the order that

8 they're written on this page, are you?

9 A. Well, they're supposed to.

10 Q. But you obviously went to Stop 42 before

11 you went to Stop 32, right?

12 A. Well, right now it's Stop 22, 32 and the

13 then the other ones and then come back.

14 Q. Well, on this particular day, it looks like

15 you went to Stop 42 before you went to Stop 32.

16 A. Yes. This particular day I had to do it

17 that way.

18 Q. Why did you have to do it that way on this

19 day?

20 A. Because of the timing. Because I ended up

21 being late over here (indicating), so then I have to

22 go that route.

23 Q. When you say "over here," where are you

24 pointing at?

157



1 A. 8 Hovey Street.

2 Q. The first one you were late to?

3 A. Yes.

4 Q. So you were able to go to Walgreen's, Stop

5 42, after that?

6 A. Yes.

7 Q. And then you went to the CVS at Stop 32,

8 right?

9 A. Yes. If I finish before that, then I start

10 at the other end and bring them back.

11 Q. And did you get in trouble for going to

12 these drops in the wrong order?

13 A. Not at all. Not now. Right now they're

14 taking them as -- as long as they're there on time,

15 they don't worry about that.

16 Q. You say "right now." Is that something

17 that's changed?

18 A. Well, I'm trying to change it little by

19 little so I can do it in the way that I want, the

20 way that it's much easier. Then I got to let them

21 know.

22 Q. Sure. It all makes sense. Are you getting

23 any resistance?

24 A. Not so far. As long as I get this main

158



1 one, because that's where they have the problem

2 with.

3 Q. The biggest customer?

4 A. Yes.

5 Q. Let's go to Exhibit 9.



8 Q. Take a look at Exhibit 9. This is another

9 manifest, right?

10 A. Yes.

11 Q. It looks like the same three stops we were

12 just looking at, right?

13 A. Yes.

14 Q. Stop 22, you arrived there at 7:45, right?

15 A. Yes.

16 Q. And then Stop 32, you arrived at twelve

17 noon?

18 A. Yes.

19 Q. Stop 42, you arrived at 11:50, right?

20 A. Yes.

21 Q. So you went to Stop 42 before you went to

22 Stop 32?

23 A. Yes.

24

159





3 Q. This is Exhibit No. 10. Have you seen --

4 it's a series of pages, four different pages, and at

5 the top it says, "Driver Statement of On-Duty

6 Hours." Do you recognize these documents?

7 A. Yes.

8 Q. Did you fill these out?

9 A. Yes.

10 Q. Do you remember why?

11 A. They made me. They told me I had to, so I

12 filled it out.


14 A. LaserShip.

15 Q. So you did fill these out. Is this

16 something you filled out every week?

17 A. Yes. Every day -- every week, actually.

18 Q. Every week since you started delivering for

19 LaserShip?

20 A. No. Since they started pushing the DOT.

21 Q. When was that?

22 A. A couple of months ago. Four months ago?

23 I can't give you exact times.

24 Q. So it looks like you filled this one out in



160

1 April of this year. Does that look right?

2 A. Yes.

3 Q. And then if you go to the third page, it

4 looks like you filled this one out in December of

5 2011 and January of 2012, right?

6 A. Yes.

7 Q. And then the fourth page you filled out in

8 January, right?

9 A. Yes.

10 Q. Do you think you filled these out in

11 previous years or just this year?

12 A. This year.

13 Q. But nobody ever made you fill one of these

14 out before?

15 A. No.

16 Q. Nobody ever asked you to fill one of those

17 out before?

18 A. No.

19 Q. On the first page, if you look below the

20 chart, right in the middle of the page it says,

21 "Driver's Signature." Did you write that signature?

22 A. Yes.

23 Q. That's not your normal signature, though,

24 is it?



161

1 A. No.

2 Q. Why did you sign it this way?

3 A. I just --

4 Q. Save time?

5 A. Get it out of the way, yes.

6 Q. So the chart itself, it has -- you know,

7 there's a list of dates and then the hours worked.

8 Those, I take it, represent the hours you worked --

9 A. Uh-huh.

10 Q. -- each of those days?

11 A. Yes.

12 Q. And you filled this out on April 6th, it

13 looks like. Now, are these just hours you worked

14 delivering packages for LaserShip?

15 A. Yes.

16 Q. Now, at the bottom of the page, there's a

17 couple of questions. One of them says, "At this

18 time do you intend to work for another employer

19 while still contracted by this company?" And you

20 circled "Yes," right?

21 A. Yes.

22 Q. And that refers to AutoZone?

23 A. Yes.

24 Q. If you go -- could go to Page 2. There's



162

1 the same chart there, and it has the dates of April

2 8th through the 13th, but it doesn't have any hours

3 entered. Is that because you didn't work that week?

4 A. No. That's because I didn't have time to

5 fill it out.

6 Q. You signed it, but you didn't fill any

7 hours in?

8 A. Yes. I just got everything -- they want

9 you to turn these papers in, because they have to

10 have it on file by the DOT in case they ask for

11 them.

12 Q. Did somebody tell you you didn't have to

13 fill the hours in?

14 A. No. Just forgot, most likely.

15 Q. But you're sure you worked that week?

16 A. Of course.

17 Q. You can skip the next page. On the last

18 page of this document, if you look at the chart

19 again, it has the dates of January 25th, 26th and

20 27th, and it looks like you have seven hours for the

21 first day and then eight hours the next two days.

22 Then the rest of the dates are blank. Is that

23 because you didn't work those days?

24 A. Exactly -- I don't know what happened at



163

1 that time.

2 Q. Do you think it's because you didn't work

3 those days?

4 A. I'm not sure, to be honest with you. It

5 could have been days off. It could have been, like,

6 a weekend. I don't know what it was.

7 Q. Well, it's four days in a row. So wouldn't

8 that lead you to believe it's probably not just a

9 weekend?

10 MR. SIMPSON: Objection to the form.

11 A. I got to find out what days they were.

12 Q. You're not sure?

13 A. I'm not sure.

14 Q. You said it could have been days off. I

15 thought you testified earlier that you didn't take

16 any days off?

17 A. When they got holidays, they give you the

18 day off. They don't have any work for you. So I

19 don't know what days those were, if this was on --

20 this is towards the end of the month. So that would

21 be 27th, 28th, 29th, 30th, 31st. So they take those

22 off. So they got a bridge, we call it, where maybe

23 Monday wasn't the day for work, or Tuesday.



24 Something like that.

164

1 Q. So you think those might have been

2 holidays?

3 A. I think so. I wasn't sure.

4 Q. Can you think of any other explanation for

5 why you wouldn't have worked those days?

6 A. That's the only reason.

7 Q. Can you think of a holiday that occurs at

8 the end of January every year?

9 A. New Year's.

10 Q. The end of January?

11 A. That's the 31st, isn't it, New Year's Eve?

12 Whatever. I don't know.

13 Q. New Year's Eve, I think, is at the

14 beginning of January.

15 A. The 31st -- I don't know. I don't really

16 know what happened.

17 Q. So you're not really sure. Okay.




21 A. Yes.

22 Q. What is it?

23 A. Contract for lease for the scanner.



24 Q. And is that your signature on the second

165

1 page?

2 A. Yes.

3 Q. Is this a lease for anything else, or just

4 the scanner?

5 A. Scanner.

6 Q. And how did you pay for the scanner?

7 A. They take it out.

8 Q. Of?

9 A. It says, "Failure to Pay Rent. Lessee's

10 failure to pay..." I was just reading what it says

11 here.

12 Q. You don't have to read the document out

13 loud. You said they take it out of your settlement

14 check?

15 A. Yes.




19 A. Yes.

20 Q. What is it?

21 A. It's a manifest for H.D. Smith.

22 Q. What is H.D. Smith?



23 A. It's a different pharmaceutical company.

24 Q. Okay. So sometimes you deliver for

166

1 somebody other than Cardinal; is that right?

2 A. Yes. Cardinal, yes. Same company

3 relationship, but Cardinal.

4 Q. Right. I understand. But H.D. Smith is a

5 different customer of LaserShip, right?

6 A. Yes.

7 Q. And this is a delivery you made?

8 A. Yes.

9 Q. You made this delivery?

10 A. Yes.

11 Q. At the top center, where it says "Driver"

12 and there's kind of an indication, I guess it's an

13 "at" sign, is that your signature?

14 A. Yes.

15 Q. And that's the truck number. Is that your

16 truck number?

17 A. That's my employee number.

18 Q. Does LaserShip call it an employee number?

19 A. Yes. "What's your number" is what they say

20 usually.

21 Q. It's a contractor number, maybe?

22 A. Yes.



23 Q. So it looks like this delivery was made --

24 well, I guess I'll ask you. Where was this delivery

167

1 made?

2 A. Billerica.

3 Q. At McCormack's Drug?

4 A. Yes.

5 Q. Where did you pick this delivery up?

6 A. From the warehouse.

7 Q. In Woburn?

8 A. In Woburn.

9 Q. So H.D. Smith is located in Stratham, New

10 Hampshire, but your testimony is you never went up

11 there?

12 A. Never.

13 Q. Was this an on-demand delivery?

14 A. No.

15 Q. Was it part of your regular route?

16 A. Yes. They made it now part of my regular

17 route.

18 Q. So part of your regular route could include

19 things other than just Cardinal deliveries, right?

20 A. Yes.

21 Q. Anyone other than Cardinal or H.D. Smith



22 you can think of that you deliver for?

23 A. No. That's the only two. Except, again,

24 for Amazon.

168

1 Q. I understand. Currently.

2 A. (Nods head)




6 A. Yes.

7 Q. What is it?

8 A. It says right here, "Driver Enrollment and

9 Beneficiary Form." Accident insurance.

10 Q. So this is the accident insurance -- your

11 accident insurance policy?

12 A. I don't know if it's a policy. I never got

13 a copy of this, but this is what I signed.

14 Q. You never got a copy of this document?

15 A. Well, actually, yes. Actually, yes, I did

16 get this.

17 Q. Okay. Just to clarify this, is that your

18 signature at the bottom of the page?

19 A. Yes, it is.

20 Q. In both the box and above it?

21 A. Yes.



22 Q. Those are both your signatures?

23 A. Yes.

24 Q. And did you buy this through LaserShip?

169

1 A. Yes.

2 Q. Did you get a better rate because you

3 bought it through LaserShip?


5 A. No. I don't know.

6 Q. You don't know?

7 A. I don't know.

8 Q. Were you told that you had to buy this

9 insurance through LaserShip?

10 A. Everything is through LaserShip.

11 Q. My question was, were you told --

12 A. Did we have to do it through them? Yes.

13 Did they give any options? No.

14 Q. Well, did they say, "You have to buy it

15 through us," or did they just not tell you about

16 other options?

17 A. Just, "You got to buy it." That's it.

18 Q. Who said that?

19 A. Whoever gave it to me.

20 Q. You don't remember who that was?



21 A. No.

22 Q. Were you told that when you signed this

23 exact document?

24 A. Yes.

170

1 Q. Is it possible you signed other versions of

2 this document?

3 A. There's a possibility. We sign a lot of

4 papers, but we don't take a real quick look at

5 them -- we don't have a chance to really take a

6 quick look. Contract, we sign from one day to the

7 other. You have to sign today. Tomorrow? You have

8 to do it today.




12 A. Yes. Registration.

13 Q. Certificate of Registration?

14 A. Yes.

15 Q. And is this for the truck you used to have

16 or the truck you have now?

17 A. Used to have.

18 Q. And it was your truck, and it -- over to

19 the right, at the top, you see where it talks about

20 the "Total Registered Weight For a Commercial



21 Vehicle or Trailer"?

22 A. Yes.

23 Q. It says "12000"?

24 A. Yes.

171

1 Q. And is that because that truck weighed

2 12,000 pounds?

3 A. Yes.

4 Q. And this was the truck that you used for

5 making deliveries for LaserShip, right?

6 A. Yes.

7 Q. Up until, what, about a month ago?

8 A. Yes.




12 A. Yes.

13 Q. What is it?

14 A. Bill of sale.

15 Q. For what?

16 A. Truck. 2006.

17 Q. Is this for your new truck?

18 A. Yes.

19 Q. And this is the one you now use to make



20 deliveries for LaserShip?

21 A. Yes.

22 Q. And you paid $16,244 for it?

23 A. Yes.

24 Q. You paid cash?

172

1 A. Yes.

2 Q. Just out of curiosity, what do you make an

3 hour at AutoZone?

4 A. About $15, $20 an hour.

5 Q. $15 or $20, you're not sure?

6 A. I'm not -- you know, we bump up. Pretty

7 soon we bump up again.



10 Q. Have you seen this document before?

11 A. Yes.

12 Q. What is it?

13 A. It's a road test record.

14 Q. Is this for the road test you and I were

15 discussing earlier?

16 A. Yes.

17 Q. And the second page -- off the record for a

18 second.




20 Q. And you said -- I think you testified

21 earlier that this road test was done because of

22 Department of Transportation regulations?

23 A. Yes. Well, this came out with the other

24 stuff that we had to sign.

173

1 Q. And since you've had the lighter truck, you

2 haven't had a road test?

3 A. No. It's not considered DOT, whatever.

4 It's considered a van.



7 Q. Have you seen Exhibit 17 before?

8 A. Yes.

9 Q. Where?

10 A. At the warehouse. They give it to us at a

11 meeting.

12 Q. So what do you understand this document to

13 be?

14 A. Security rules that we have to follow.

15 Q. For Cardinal?

16 A. Cardinal.

17 Q. And were these rules issued by Cardinal?

18 A. They were issued by LaserShip to us.



19 Q. Well, by "issued" I mean, who wrote these

20 rules?

21 A. That, I don't know.

22 Q. Do you see the "CardinalHealth" logo at the

23 top of the first page?

24 A. Yes.

174

1 Q. Would that lead you to believe that maybe

2 CardinalHealth wrote these rules?


4 A. I would assume.

5 Q. And on the second page, is that your

6 signature?

7 A. Yes.




11 A. Yes.

12 Q. What is that?

13 A. It's cargo insurance.

14 Q. This is cargo insurance that you purchased?

15 A. Yes.

16 Q. Did you purchase this through LaserShip?

17 A. Yes.

18 Q. And that is your signature at the bottom of



19 the page, right?

20 A. Yes.

21 Q. Now, you see your address here. It's in

22 Allston, Massachusetts?

23 A. Yes.

24 Q. Did you use to live in Allston?

175

1 A. Yes.

2 Q. How long did you live in Allston for?

3 A. How long did I live there?

4 Q. Yes.

5 A. I don't know. About ten years.

6 Q. From when to when?

7 A. Until I got married.

8 Q. When did you get married?

9 A. About seven years ago.

10 Q. Seven years ago?

11 A. Yes.

12 Q. Well, okay. You signed this document on

13 April 7th of 2009, and you still list your address

14 as Allston?

15 A. Because that would be my mailing address.

16 Q. You have a separate mailing address?

17 A. Well, I use that. That's the information



18 they have at the office, so I leave it at that.

19 Q. So let me understand this. You still use

20 41 Hefferan Street, No. 1, in Allston as your

21 mailing address?

22 A. Yes. The check comes out on that number.

23 Q. So --

24 A. My mother lives there -- I'm sorry.

176

1 Q. Do things still get mailed there from

2 LaserShip?

3 A. Yes.

4 Q. Why wouldn't you just change your address

5 to have them send it to your home?

6 A. Because we're planning on moving. It's

7 much easier to keep one address, which is going to

8 be constant, where my mother lives.

9 Q. You're planning on moving -- when are you

10 planning on moving?

11 A. Soon. We just don't know where.

12 Q. You don't know where you're going to move

13 to?

14 A. We're looking.

15 Q. Who lives at this address now, this Allston

16 address?

17 A. My mother.



18 Q. So you used to live -- you were living with

19 your mother for a while?

20 A. Yes.

21 Q. And this is cargo insurance you bought

22 through LaserShip, correct?

23 A. Yes.

24 Q. And did you look at any other cargo

177

1 insurance before settling on this?

2 A. No options.

3 Q. You weren't provided any other options?

4 A. No.

5 Q. Were you told specifically that you have to

6 buy your cargo insurance through LaserShip?

7 A. Well, they told me I had to buy it, just

8 didn't say to them, they just said you got to buy

9 it. "Cargo insurance. Sign here. Thank you very

10 much."

11 Q. So you were told you had to buy the cargo

12 insurance?

13 A. Yes.

14 Q. Were you specifically told, "You have to

15 buy it through us"?

16 A. Never. Not that I can recall. But we



17 didn't notice any options.



20 Q. Mr. Sanchez, do you recognize this

21 document?

22 A. Yes.

23 Q. What is it?

24 A. It's the extra insurance they make us buy.

178

1 Q. What kind of insurance?

2 A. It's -- I don't know. What do you call

3 this? Compulsory, something like that?

4 Q. Comprehensive?

5 A. Comprehensive.

6 Q. And it's for liability; is that right?

7 A. Yes.

8 Q. It looks like you bought this through

9 Commerce Insurance Company; is that right?

10 A. Yes.

11 Q. And in the upper left-hand corner there's a

12 name under "Producer." It says, "Luther W. Puffer."

13 Do you know who that is?

14 A. That is the broker.

15 Q. Is he the one you dealt with to buy the

16 policy?



17 A. Yes.

18 Q. Did you have to go to his office?

19 A. Just to the main place where -- well, yes,

20 that would be his office.

21 Q. Luther Puffer's office?

22 A. That's the name of the place.

23 Q. That's where you went to buy the policy,

24 right?

179

1 A. Yes. That's where I have my insurance,

2 yes.

3 Q. Did LaserShip tell you that you had to go

4 to that particular agency?

5 A. No.

6 Q. That was your decision, to go there?

7 A. Yes.

8 Q. You can put that one aside.



11 Q. Have you seen this document before?

12 A. Yes.

13 Q. What is it?

14 A. It's an agreement to consent to alcohol and

15 drug test.



16 Q. Have you ever been tested for alcohol while

17 you've been working for LaserShip?

18 A. Yes.

19 Q. Have you ever been tested for drugs?

20 A. Yes.

21 Q. How often?

22 A. Maybe like once every blue moon.

23 Q. You mean once a year, once every two years?

24 A. Once every two years. I -- well...

180

1 Q. Go ahead. Were you going to say something?

2 A. No.

3 Q. So they only do it once every two years or

4 so, right?

5 A. Yes.

6 Q. Do you know why they do it?

7 A. Yes. Make sure that nobody is taking

8 drugs. They're delivering drugs. They shouldn't be

9 taking drugs.

10 Q. Fair enough. So you obviously don't have a

11 problem with being drug tested?

12 A. No.

13 Q. Does this apply to all the drivers or just

14 the ones who deliver for Cardinal?

15 A. I'm not sure.



16 Q. You obviously don't have a problem with it.

17 Okay?

18 A. No. I think it's a good thing.

19 Q. Me too.

20 Do you remember watching any sort of a

21 video when you joined LaserShip?

22 A. Not when I joined it, but afterwards, over

23 here.

24 Q. I didn't catch that last part.

181

1 A. Not when I joined. Later on, when we got

2 over to Woburn.

3 Q. How many times have you watched it?

4 A. Once.

5 Q. And it was right when you guys moved over

6 to Woburn?

7 A. Yes.

8 Q. Do you remember anything about it?

9 A. No. Just telling us that we're independent

10 contractors, we're not employees.

11 Q. Do you know what a class action is?

12 A. Yes.

13 Q. What is it?

14 A. It's a lawsuit. Same thing. Same word.



15 Q. Is it the same as other lawsuits, or how is

16 it different from other lawsuits?

17 A. I can't answer that.

18 Q. You're not sure?

19 A. All I know, it's like a serious thing.

20 Q. Now, in this lawsuit you're one of the

21 Plaintiffs, correct?

22 A. Yes.

23 Q. Are you representing anyone else?

24 A. No.

182

1 Q. Just yourself?

2 A. Yes.

3 Q. What are you hoping to get out of this

4 lawsuit?


6 Q. You can answer.

7 MR. SIMPSON: You can answer.

8 A. Compensation.

9 Q. Well, what kind of damages are you looking

10 for?

11 A. What we didn't get paid at the beginning,

12 but we should have been paid as far as -- they were

13 delivering for Star Market. I delivered totes for

14 Star Market and never got paid for them.



15 Q. When was this?

16 A. The beginning, before they got Stop & Shop.

17 Q. When you say "the beginning," are you

18 talking about six, seven years ago?

19 A. About five years ago, six, seven, I think

20 so, yes, something to that effect. I don't know

21 exactly when they stopped. That's precisely one of

22 the reasons.

23 Q. So help me understand. There were

24 deliveries for Star Market you never got paid for?

183

1 A. Yes. Totes.

2 Q. And this was --

3 A. Purple totes. They gave us the option. We

4 said, "We want to get paid." They said, "You want

5 to get paid? Come over here. Sit down. Let me see

6 your route." So they were trying to scare everybody

7 into shutting up. Nobody did it. But that was

8 there. That's still pending. A lot of people are

9 owed money for that.

10 Q. And this is five, six years ago?

11 A. Yes.

12 Q. What other damages are you looking for in

13 this lawsuit?



14 A. The nonpayment, like, the way they --

15 unloading trucks. We didn't get paid for that.

16 We're not supposed to unload trucks. We're supposed

17 to pick up, and that's it. That's not our

18 responsibility. They cut our pay to give to other

19 people to separate totes, yet they still made us

20 separate totes.

21 Q. So this is -- I just want to take it one

22 step at a time. When you're talking about unloading

23 trucks, are you talking about unloading, like, the

24 trucks that come in from, say, Cardinal?

184

1 A. Yes.

2 Q. But you don't do that anymore, right?

3 A. No, we don't do it anymore, not since we

4 all complained about it. But we did get our pay

5 cut.

6 Q. And when did you unload trucks last?

7 A. Last time was before we came here to --

8 before we went to Woburn.

9 Q. So it was sometime when you were --

10 A. About four years ago, something to that

11 effect. I just don't remember the dates.

12 Q. Look, I'm just asking you the best of your

13 recollection.



14 A. That's damages. That's what I think.

15 That's what is owed to us.

16 Q. What other types of damages are you looking

17 for?


19 A. Whatever we can get. I mean, you know,

20 what is fair, fair cut pay. They got -- Jesus

21 Christ, man, they got money for every -- when the

22 gas went up, they got money for that. They were

23 supposed to give to us. We never got it.

24 We found out because we spoke to the guys

185

1 at Cardinal. They told us, "We gave them money.

2 Every year we give them a raise." And we're, like,

3 "What? We're not getting that." And they said,

4 "Well, you got to speak to them." And we're, like,

5 "Wow. That's not good." Those are the reasons.

6 Q. And what about reimbursement of, you know,

7 expenses? Are you looking to --

8 A. That too, yes.

9 Q. Out of the categories of damages we talked

10 about, what's the most important to you?


12 can answer.



13 A. Just getting what they owe us, what they

14 didn't pay us for. It's for the many years of

15 unloading trucks. It's just a fair thing.

16 Q. Would you rather be an employee of

17 LaserShip as opposed to an independent contractor?


19 A. It would -- it may even work better. We

20 wouldn't get ripped off so much.

21 Q. If you were an employee?

22 A. Most likely. We wouldn't have to pay all

23 the stuff that they make us pay for.

24 Q. Is that one of the things you're looking

186

1 for under the lawsuit, to be converted to a

2 employee?

3 A. No. I don't want to work for them. I

4 don't like them as a company. I really had a bad

5 experience with them. The same as FedEx, bad

6 experience. I won't go back to FedEx.

7 You know, I believe what's fair is fair.

8 We made a deal, we made a deal. Don't -- why do

9 that? I mean... That's what I say. It's just a

10 question of fairness.

11 Q. And you talk about, you know, making a deal

12 and breaking a deal. Are you talking about things



13 like not getting paid to unload the trucks?

14 A. The contract, the agreement that we made.

15 We agreed that we were going to get paid for this,

16 but all of a sudden they decided, no, we're not

17 going to do it.

18 Like the Amazon.com, we agreed that was

19 going to be so much. But they'll come up and say,

20 "Oh, yeah. You know what? We didn't tell you, but

21 we changed this, so now we're not going to pay you

22 that, even though you did the work."

23 Q. They changed the rate for the Amazon.com

24 deliveries; that's the sort of thing you're talking

187

1 about?

2 A. Yes. That's one of many reasons. I mean,

3 you can keep going on and on, the stuff they do.

4 Q. Well, you know, anything else, anything you

5 can remember is what I want to hear about right now.

6 A. Well, that's basically the most, I mean,

7 that we have right now. You know, having to pay for

8 that machine. If you lose the machine, you've got

9 to pay $1,000, yet I paid that machine three times

10 over now. You see what I mean?

11 Q. So you think you paid more than the machine



12 is worth?

13 A. Oh, yes.

14 Q. Which machine are we talking about?

15 A. Scanner. All the scanners that they had.

16 I had a second phone because we didn't want to pay

17 that extra fee. At the beginning they accept it.

18 So we had it. So it was okay, fine. But then,

19 boom, now you have to. If you lose it, you got to

20 pay for an old machine what a new one costs. I

21 mean, it's wrong.

22 Q. Do you feel like you've worked more than 40

23 hours a week for LaserShip?

24 A. At the beginning I did. Now I just -- you

188

1 know, what I got there, that's it. I don't do

2 anything else for them. Even if they ask, I won't

3 do it.

4 Q. When you say "at the beginning" -- let me

5 rephrase. When was the last time --

6 A. When I did Amazon.com and things like that.

7 Q. Okay. So when you worked for Amazon for,

8 what, the month you were working for Amazon --

9 A. Yes.

10 Q. -- you think you were working more than 40

11 hours a week?



12 A. I know I did. That's something I started

13 up at seven in the morning, and then I'm going

14 home -- just like FedEx -- like, at eleven at night.

15 Q. But after you stopped delivering for

16 Amazon, you don't think you've worked more than 40

17 hours a week?

18 A. About 40, close, back and forth. Like I

19 said, it all depends on what time I get there, maybe

20 we'll do everything, and what time we consider

21 starting. Starting is -- if I get right there,

22 then, yes, because I have to wait until I get a

23 dock.

24 Q. But other than the Amazon period, it

189

1 doesn't sound like you worked much overtime. Would

2 that be fair to say?

3 A. Yes.

4 Q. So suffice it to say, if LaserShip were to

5 cut your pay any further, you wouldn't work there at

6 all anymore, right?

7 A. I would go. I wouldn't have any other

8 choice.

9 Q. Even if they made you a employee, you

10 wouldn't take any less money to be an employee?



11 A. No. I already have the benefits at

12 AutoZone.

13 Q. What other benefits do you already have?

14 A. Those are the only benefits -- health

15 insurance for my wife. Eye, dental. That's what

16 we're looking for.

17 Q. You're already covered with that through

18 your wife?

19 A. Yes. And it wouldn't be worth it, not the

20 way they treated you from the beginning.

21 MR. HOFFMAN: I'm going to take a few

22 minutes. I might be done. I'm just going to go

23 over my notes.

24 (Recess)

190

1 MR. HOFFMAN: I'm almost done.



4 BY MR. HOFFMAN:

5 Q. I'm going to ask you to take a minute and

6 take a look at the document I put in front of you.

7 A. (Reviewing document)

8 Q. Have you ever seen this document before?

9 A. No.

10 Q. All right. Then I think I'm done. No more



11 questions.

12 MR. SIMPSON: I just have one question.

13 CROSS EXAMINATION

14 BY MR. SIMPSON:

15 Q. Mr. Sanchez, when did you start looking for

16 the documents that you've produced to your counsel?

17 How long ago?

18 A. A couple of months ago, a month ago. It's

19 been a while, while I was picking them up.

20 MR. SIMPSON: No further questions.

21 REDIRECT EXAMINATION

22 BY MR. HOFFMAN:

23 Q. Mr. Sanchez, do you remember testifying

24 earlier that you started looking for documents a

191

1 couple of weeks ago?

2 A. I did say that, but it was just out of the

3 head. No, it's a couple of months that I've been

4 picking up those things. Because you got to search,

5 you got to research. I got to look through all the

6 stuff, paper that I have.

7 MR. HOFFMAN: No more questions.

8 (Whereupon the deposition

9 was concluded at 1:20 p.m.)



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192

1 C E R T I F I C A T E

2 I, Milton Manuel Sanchez, do hereby certify that

3 I have read the foregoing transcript of my

4 testimony, and further certify under the pains and

5 penalties of perjury that said transcript

6 (with/without) suggested corrections is a true and

7 accurate record of said testimony.

8 Dated at __________, this ____ day of ________,

9 2012.



10

11 _____________________

12

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23

24

193

1 COMMONWEALTH OF MASSACHUSETTS)

2 SUFFOLK, SS. )

3 I, Carol H. Kusinitz, RPR and Notary Public in

4 and for the Commonwealth of Massachusetts, do hereby

5 certify that there came before me on the 21st day of

6 August, 2012, at 10:02 a.m., the person hereinbefore

7 named, who was by me duly sworn to testify to the

8 truth and nothing but the truth of his knowledge



9 touching and concerning the matters in controversy

10 in this cause; that he was thereupon examined upon

11 his oath, and his examination reduced to typewriting

12 under my direction; and that the deposition is a

13 true record of the testimony given by the witness.

14 I further certify that I am neither attorney or

15 counsel for, nor related to or employed by, any

16 attorney or counsel employed by the parties hereto

17 or financially interested in the action.

18 In witness whereof, I have hereunto set my hand

19 and affixed my notarial seal this 29th day of

20 August, 2012.

21

22

23 Notary Public

24 Commission expires 6/7/2013

D I S C L A I M E R

This transcript in any format is a confidential

communication between Doris O. Wong Associates,

Inc., a professional court reporting firm, and the

parties to this matter and their counsel. Any

reproduction or distribution of this transcript

without the express permission of the parties is a

violation of this confidentiality. To fulfill any



request to the court reporter for an additional copy

or copies from persons or entities without standing

in this matter will require the consent of the

parties and/or counsel and/or a court order for such

delivery.
