# Can lyft claim unemployment?



## Brokenglass400 (Jul 3, 2017)

I was deactivated by lyft and am wondering if i can receive unemployment?


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## Brian G. (Jul 5, 2016)

Brokenglass400 said:


> I was deactivated by lyft and am wondering if i can receive unemployment?


What for? And no you can't. We aren't employees just contractors that make them bank.


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## I_Like_Spam (May 10, 2015)

Brokenglass400 said:


> I was deactivated by lyft and am wondering if i can receive unemployment?


Unemployment is paid for by taxes collected from employers and employees. Since you were a self employed , independent businessman, who doesn't pay those taxes, the answer is "no".

There have been cases in court that ride sharers have brought, but you have to be willing to go to court, fight for years perhaps, and still maybe lose.


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## 1974toyota (Jan 5, 2018)

Brokenglass400 said:


> I was deactivated by lyft and am wondering if i can receive unemployment?


Try it, if enough people try going to unemployment office in various states,could get there attention,IMO give it a try,JMO


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## I_Like_Spam (May 10, 2015)

1974toyota said:


> Try it, if enough people try going to unemployment office in various states,could get there attention,IMO give it a try,JMO


Unemployment applications are done on line or by phone nowadays, people no longer line up at the unemployment office like back in the day.

But the real problem with unemployment checks for Lyft partners is that there aren't any unemployment taxes being paid to cover the benefits.


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## SEAL Team 5 (Dec 19, 2015)

Brokenglass400 said:


> I was deactivated by lyft and am wondering if i can receive unemployment?


Only if you had a company (ie LLC, S Corp, Corp) and paid both yourself as an employee and paid employer burden. Usually employer state and federal unemployment burden runs about 4%, depending on your location, for the first $7,000 of income. For the amount of unemployment benefits most states average your wages from the 4th quarter of the previous year and the first quarter of the current year.


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## I_Like_Spam (May 10, 2015)

SEAL Team 5 said:


> Only if you had a company (ie LLC, S Corp, Corp) and paid both yourself as an employee and paid employer burden. .


That might work in your state, but not in all states. The Pennsylvania rules for unemployment compensation wouldn't seem to allow this.

http://www.uc.pa.gov/forms/Pages/UCP-41-Unemployment-Compensation-Eligibility-Issues.aspx

The UC Law was never intended to provide benefits to those individuals who become "unemployed" by reason of the failure of their own business ventures. An individual, who, through ownership of stock and his/her position in the corporation, exercises a "substantial degree of control" over its operation, must be considered a self-employed businessperson. The claimant must provide information showing that he/she is not a self-employed businessperson to be eligible.

The only exception with respect to ineligibility of corporate officers is provided in Section 402.4 of the Law. If the corporation has been forced into involuntary bankruptcy under the provisions of Chapter 7, Title 11, of the United States Code, the officers of the corporation would not be ineligible for benefits.


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## Ben Wood (Feb 1, 2018)

It's and easy no. Not only are you not an employee but you were terminated for cause.


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## uberlift (Sep 16, 2015)

You can try based on being a misclassified employee


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## I_Like_Spam (May 10, 2015)

uberlift said:


> You can try based on being a misclassified employee


That would almost undoubtably require a court battle.

Unemployment offices work hard to try and make their decisions consistent. I'm sure that the Unemployment examiner already has clear instructions to deny ride share drivers, and advise them of their right to appeal.

Same with questions about whether or not a labor action is a "strike" or a "lockout", the decision is made from above so that everyone that applies is in the same boat.


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## uberlift (Sep 16, 2015)

I'm not sure where you're getting your information from, I know drivers in california at least have gotten unemployment benefits, it may depend on the state, certainly worth a shot to try-


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## Jesusdrivesuber (Jan 5, 2017)

Depends on the grounds you were deactivated.

Consult a lawyer, if the case is a sure win he will take it pro bono.


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