# File For Unemployment if Terminated Uber



## driver5000 (Jun 11, 2016)

File for Unemployment if Uber Terminates You, and Seek labor Attorney for advice if needed.

You will win in most states.

also food stamps, and Medicaid for medical.


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## gofry (Oct 20, 2015)

Ummm, no. As an independent contractor, neither you or Uber are paying into the unemployment pool, so you don't get any benefits.


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## uber1969 (Dec 22, 2016)

gofry said:


> Ummm, no. As an independent contractor, neither you or Uber are paying into the unemployment pool, so you don't get any benefits.


Lol
I love internet lawyers.


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## gofry (Oct 20, 2015)

uber1969 said:


> Lol
> I love internet lawyers.


It's true, 1099 paid workers do not qualify because they have not paid into the fund. In a typical job situation, the employer pays this.

Two NY drivers went to court and won but in nearly every other case you will be denied. If you want to try to sue to be classified an employee, go ahead and spend $50,000 to receive the several hundred dollars you may get from unemployment.


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## steveK2016 (Jul 31, 2016)

While not impossible, it's unlikely. You can try, my philosophy is the answer is always no if you don't ask... but don't count on it if you need rent/food any time soon.

As others have noted, Unemployment Benefits are technically Unemployment Insurance. Your employer pays into the fund and you get access to those funds if you are terminated. If your are neither employed nor pay into those funds, how do you expect to take in Unemployment?

NYC may have different tax laws in which some drivers may have paid into some form for Unemployment Insurance, possibly in the form of any of their given taxes and fees they have to pay in order to operate in their market.


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## uberdriverfornow (Jan 10, 2016)

gofry said:


> It's true, 1099 paid workers do not qualify because they have not paid into the fund. In a typical job situation, the employer pays this.
> 
> Two NY drivers went to court and won but in nearly every other case you will be denied. If you want to try to sue to be classified an employee, go ahead and spend $50,000 to receive the several hundred dollars you may get from unemployment.


Everything about your post is wrong. Not only does almost everyone that files for unemployment benefits that get terminated from Uber win but I can only think of one case that didn't result in a win, the recent one in Florida. In fact, they have forms specifically for Uber drivers. That's how dedicated unemployment departments are to helping anyone win, even though misclassified as independent contractors.

Furthermore, it's the employer that would normally pay into the unemployment fund not the workers. Why would they fault drivers because the employers willfully misclassified drivers as independent contractors. Not even sure why you brought that up. It makes no sense. I have been fired about 5 times in my life and have always won benefits, even after always losing the initial claim(they always deny you at first, this is how they weed out the people that don't deserve the benefits) and having to file an appeal. It's easy. You don't need a lawyer to file for benefits and you certainly don't need a lawyer to win benefits for yourself. It's a piece of cake.


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## gofry (Oct 20, 2015)

uberdriverfornow said:


> Everything about your post is wrong. Not only does almost everyone that files for unemployment benefits that get terminated from Uber win but I can only think of one case that didn't result in a win, the recent one in Florida. In fact, they have forms specifically for Uber drivers. That's how dedicated unemployment departments are to helping anyone win, even though misclassified as independent contractors.
> 
> Furthermore, it's the employer that would normally pay into the unemployment fund not the workers. Why would they fault drivers because the employers willfully misclassified drivers as independent contractors. Not even sure why you brought that up. It makes no sense. I have been fired about 5 times in my life and have always won benefits, even after always losing the initial claim(they always deny you at first, this is how they weed out the people that don't deserve the benefits) and having to file an appeal. It's easy. You don't need a lawyer to file for benefits and you certainly don't need a lawyer to win benefits for yourself. It's a piece of cake.


I can see why you were fired five times.


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## uberdriverfornow (Jan 10, 2016)

gofry said:


> I can see why you were fired five times.


I can see why you didn't try to counter anything I said.


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## Trump Economics (Jul 29, 2015)

gofry said:


> Ummm, no. As an independent contractor, neither you or Uber are paying into the unemployment pool, so you don't get any benefits.


This should be amended by state. CA, for example, is willing to award benefits and pass the cost on to Uber or Lyft, but you have to be smart enough to document everything in advance.

http://archives.sfweekly.com/thesni...employment-benefits-first-known-case-in-state

For example: I recently wrote an open letter to Lyft about cancellations and deactivations -- specifically, how they relate to one another -- because if you don't tell me what constitutes an acceptable amount of cancellations on your platform, how can you terminate me for something unknown? This, then, would imply a one-sided contract, which can't be enforced. Now, if they fire me, I have a legitimate argument. And if they respond with a number or a percentage, I'll know what parameters I have to work with. But since their goal is to keep drivers in fear (conditioning), I'm not holding my breath. Ultimately, however, it will be their loss, and you can mark my words.

To view more of my letter, check out my About me section on my uberpeople.net page.


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## steveK2016 (Jul 31, 2016)

Technically you aren't terminated by Uber, you just lose access to their app. You, as an independent contractor, can continue working passengers for hire just without the Uber App. It's not uber's fault that you ran your business with just one supplier of leads...


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## Dominoboost (Apr 24, 2017)

gofry said:


> Ummm, no. As an independent contractor, neither you or Uber are paying into the unemployment pool, so you don't get any benefits.


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