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****************************************Case Information <CASE_XYZ_145>
**provided by XYZ, member of Asian Business Coalition
( WWW.WTOBO.COM )
*****
We started with FEDEX late 1997. From the late 1997 to the late 1998, all the
shipments which used FEDEX as the carrier were executed by Handwriting Procedure
and there were no visible problems. Sometime in the 3rd quarter of 1998, FEDEX
Sales Executive (SE) from Small Package Dept. approached us first, and discussed
with us about switching all XYZ's light weight air shipments to FEDEX, so the
negotiation was on. FEDEX SE also brought in FEDEX Express Freight Sales (FS) to
propose how the FEDEX Freight Service works. After about two weeks of
negotiation, SE and FS got us a FEDEX Powership Computer system. It was set up by FEDEX technician and started working in
January 1999.
Probably between May 1999 and November 1999, the FEDEX Powership Computer
system had some kind of problems, so the system couldn't send out XYZ daily ship
information to FEDEX, so the system wouldn't print the daily reports, but the
system still worked partially of printing out shipment labels, so we still
continued use the system, because it was still faster than handwriting
procedure. There were at least two FEDEX technician came at least four times try
to fix the problems, first technician was a lady, 2nd technician was a men. They both also
suggested us to continue use this system, because the system can still print
labels correctly. So we followed their instructions.
Sometime between July 1999 and November 1999, XYZ's accounting received
probably a few times of unknown bills from FEDEX. XYZ's accounting began worked
on those FEDEX bills with a lot of help from SE and FS. XYZ's accounting dept
made telephone calls to FEDEX billing dept, and told them all those bills should
be charged to the receiver's accounts, not XYZ's account, because XYZ's had
problems sending out daily info to FEDEX by using FEDEX Powership Computer
System, but all the labels were correct with option of BILL TO Recipients. SE
and FS knew FEDEX departments better than XYZ, so they made calls too, and they
had called us that every billing problems had been manually fixed. They also
suggested us stop use the Powership until it gets fixed. So we stopped using it
probably in between October 1999 to November 1999.
Sometime in November 1999, the male FEDEX technician came back took the
problem Powership away, and replaced with a new one. Then, the XYZ's shipping
with FEDEX Powership went smoothly.
Probably in the first quarter of 2000, XYZ accounting dept received another
wrong bills from FEDEX. So we did same thing, called them explained the bills
should go to the receiver's accounts, and SE also helped this time( made calls to FEDEX
Billing Dept.).
Probably in the late 2000 or early 2001, suddenly we received a lot of wrong
bills. We checked all bills very carefully, all these bills should go to the
receiver's accounts, all these bills had sent to us before, and all these bill
had been double billed. The volume of the paper work was twice as much than
before. So XYZ accounting dept started working on this issue again, put in a lot
of overtime , and talked to SE again.
After a few weeks of hard working and talking, the FEDEX Billing Dept.
promised to send the bills to the receiver's companies...
After three or four weeks, we received calls from our customers saying that
they received a lot of wrong bills from FEDEX. We found out FEDEX did send bills
to receiver company, but FEDEX sent all bills to all the
companies appeared on the bills. Most of the company didn't want go through over
100pages (each page contains 40+ bills) to find out which bills belonged to them, because they said they would
pay, but it was not their job to find the right bill in these 100 pages. There
were only a few companies did go through all the pages find their bills. And XYZ had spent countless time
working with them sorting out the wrong bills and paid their bills to FEDEX.
So FEDEX sent all of the rest wrong bills back to XYZ again.. We again had to
explain what went wrong with FedEx computer system from very beginning. Because there was
not a person assigned to this case, each time we talked FEDEX was a different
person.
After another a few weeks of discussion with FEDEX, FEDEX Billing DEPT wanted
XYZ to check the bills and separated them into the correct companies and get
approved letters from these companies to agree to pay for the separated bills,
then fax the approved letter along with the separated bills to FEDEX. They would
re-bill them with right bills . XYZ did those works again.
After about a week, FEDEX called again, saying that they won't do rebilling
work, they only do it once. We told FEDEX if you sent the correct bills, you
would get paid from these receivers. We had helped you get approved letters when
you said that you would bill them along with the separated bills, and now you
told us you would not do it. FEDEX told us that because XYZ was the sender, if
any thing goes wrong, XYZ has to responsible for that, even it is not XYZ's
faults. Pay or get law sued.
INTRODUCING: Rachel H. Lew, Esq
- Shining Star Fighting For Small Business
The Board of WTOBO and Asian Business Coalition
would like to recognize Ms. Rachel Lew, Esq, for her outstanding legal services
in supporting our members and community . 
As WTOBO aims to promote economy and business opportunities, to "Service and Protect the needed" is what Asian Business Coalition geared for. Asian Business Coalition conducts many services and events annually and ABC has been working with many excellent professionals and leaders in our communities. Among many good attorneys in USA, ABC has elected Rachel Lew as the outstanding attorney for the Shining Star Award of Community Services for Rachel's high professionalism, spear headed dedication and Samaritan heart for the needed.
Rachel has been donating her time and free services for many less advantaged small business companies, especially the case when defending strongly against a giant corporation for many months without legal fee charges. The case was successfully settled and the small business company was relieved from in debt of huge dollar amount.
Rachel is our Shining Star who fights for Small Business.
Short Commentary ,
~ by Rachel H. Lew
Here in California, we live in a world of immigrants, both legal and illegal. Not only these immigrants are unafraid of hard work, they strive to succeed in their businesses and jobs. But the reality is that there are always big people, giants in our path who will blame, depreciate, criticize and penalize their achievement, especially if the accomplishments bear marks of integrity, humanity and humility. In my practice, I have seen immigrants who have been wronged choose to silence themselves out of fear. It has been in their culture to accept reality, especially when their future in the foreign land is insecure. By having this negative attitude, these immigrants tend to be intimidated by the odds and remain scattered aliens like sand.
In the year past, I had an opportunity to volunteer my legal services to defend a lawsuit by Federal Express Corporation against a small company established by Chinese immigrants in Orange County, California. Most importantly, with the positive assistance of Asian Business Coalition (Chinese American Chamber of Commerce, Sino American Goodwill Association, American Culture & Education Remembrance Foundation, Chinese American Society, and WTO Business Organization, . . .etc. ), I was able to successfully defend my client.
Human law is at a rather shallow level of judgment. Regardless who is the
winner or loser from the legal battles, what survives is the human spirits
striving for truth, integrity and fairness in the midst of legal battles. The
problems my client has experienced with a giant company that resulted in this
lawsuit. My client has asked the help from the Asian Communities. To name a few,
the Asian Business Coalition, Chinese American Chamber of Commerce have been
involved to mediate this dispute to no avail. I am personally impressed by the
amount of voluntary efforts that these groups have put forth on behalf of a
small business. In my opinion, they have put out their best efforts to tell the
truth with the hopes to reach a fair resolution in this dispute. Therefore, the
local Asian/Chinese Attorneys, including myself would also like to voluntarily
avail ourselves to participate in this mediation short of further litigation.
I am convinced that life is 10% what happens to us and 90% how we react to it.
We cannot change the inevitable of giants coming to our paths, but we ought to
be in charge of our attitudes. I believe that many of the immigrants are
"big," which, being translated, means visionary, courageous,
productive and unafraid of hard work. Prevailing over giants is not accomplished
without great skill and discipline. Keeping a positive attitude when reacting to
negative circumstances is what makes us unique and gives us victory.
Thank you Rachel, for your excellent jobs
done.
WWW.WTOBO.COM
Asian Business Coalition
Asian Seniors Association
Sino American Goodwill Association
Little Saigon Senior Citizens Association
American Culture Education Remembrance
Voices & Votes of Silent Americans
Asian American Culture Education Foundation
*******
**Case Information: <CASE_XYZ_145>
**provided by XYZ, member of Asian Business Coalition
****
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