# Anybody Tried getting Unemployment?



## osii (Aug 21, 2014)

Has anybody who has been deactivated tried applying for unemployment?


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## prdelnik666 (Sep 17, 2014)

You can't collect unemployment since you are not an employee therefore unemployment insuarance was not paid for you. Nothing there to collect.


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## MiamiFlyer (Sep 22, 2014)

You would need to be employed first to then become eligible for unemployment. 
Unemployment benefits get payed from a fund created by payroll taxes paid by employers.
Driving for Uber is not employment, and Uber does not pay into these funds for drivers.


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## osii (Aug 21, 2014)

It goes back to the question: are we employees or contractors. I know RS says we are contractors. But it has not been litigated. Just wondering if anyone has taken a shot.


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## MiamiFlyer (Sep 22, 2014)

That's an uphill battle at best, full of Administrative Hearings. Especially in locations where Uber is operating illegally.
Every state is different though.
If you were removed for cause, which is often the case with a deactivation, you would also initially be ruled ineligible, despite employee or contractor status.


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## CityGirl (Nov 29, 2014)

One may be eligible for unemployment based on other circumstances, though not through his association with Uber. Always apply and let your state agency figure it out.


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## DriversOfTheWorldUnite (Nov 11, 2014)

the good news is you're almost certainly eligible for welfare benefits, even while Ubering


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## Frank Martin (Nov 12, 2014)

We're 1099 employees so we're not eligible, but if you want the risk of getting busted by state officials, be my guest.


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## observer (Dec 11, 2014)

Frank Martin said:


> We're 1099 employees so we're not eligible, but if you want the risk of getting busted by state officials, be my guest.


You might be able to argue you were really an employee misclassified as an independent contractor. Just because Uber says you are an independent contractor does not make you one. That determination is solely done by the government. Uber would be responsible for the back taxes.


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## Dutchman (Dec 2, 2014)

They will rule you as an "independent contractor" for several reasons. First, you set your own hours. Second, you wear what you want (no company-supplied uniforms or mandatory dress code). Third, you supply your own equipment (vehicle and fuel). Fourth, you are not an 'employee' because you technically work for yourself.

There are many large companies (FedEx being the biggest one I know of) that have been taken to court for the 'employee vs independent contractor' situation and most all of those companies (especially FedEx) were victorious in keeping many of their workers classified as independent contractors. There are drivers at FedEx Ground (formerly RPS, Inc.) who are owner/operators. They purchase their own trucks, buy their own uniforms that they MUST WEAR on the job, are responsible for the insurance, maintenance and repair of their trucks. They get paid by a 1099 and are NOT considered employees by the IRS - despite the company having a lot of authority on how they perform their duties, how they are trained, the hours they work, yadda, yadda, yadda.

They are paid by the mile, the stop, the package and other criteria and have to "set cash aside" for their expected expenses. Whatever is leftover is theirs - minus taxes, etc., etc. No way to collect unemployment, workman's comp (as most of us know it), disability, etc., etc. No overtime or vacation time, no sick days and no days off unless a contractor can FIND an approved substitute to run his route for that day. The have a few partially-paid national holidays when the company doesn't operate. They've gotten away with this scam for thirty years now and still keep telling their 'employees without benefits' that they _own their own businesses_, while they have very little autonomy about the day to day operations of "their" business.

If a big outfit like FedEx can get away with this while dictating so many aspects of the job, no way Uber is going to be even close to having its drivers classified as employees. It just is not going to happen.


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## Dutchman (Dec 2, 2014)

P.S. By the way, the MAIN reason FedEx has kept up this system is to divide its operating units (FedEx Express, FedEx Ground/Home Delivery, FedEx Freight, FedEx National LTL, FedEx Custom Critical, etc.) into separate entities is probably to stymie unionization efforts. The only union folks they have now are the pilots at FedEx Express; or at least this was the case just a few years ago.

While drivers who are owner-operators technically COULD unionize, it'd be a fool's effort and none of them are going to shut down and lose revenue while ALSO making truck payments.


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## Dutchman (Dec 2, 2014)

This pertains to FedEx Ground and a court ruling from the 9th Circuit.....but the attorney mentions Uber & Lyft in the video.


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## Txchick (Nov 25, 2014)

MiamiFlyer said:


> That's an uphill battle at best, full of Administrative Hearings. Especially in locations where Uber is operating illegally.
> Every state is different though.
> If you were removed for cause, which is often the case with a deactivation, you would also initially be ruled ineligible, despite employee or contractor status.


Not always. I have friends get fired from jobs & get unemployment in Texas.


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## Dutchman (Dec 2, 2014)

Well, there is a lot of difference between being fired from a job as an EMPLOYEE versus being terminated as an independent contractor.


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## Txchick (Nov 25, 2014)

Dutchman said:


> Well, there is a lot of difference between being fired from a job as an EMPLOYEE versus being terminated as an independent contractor.


Yes there is!


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## observer (Dec 11, 2014)

Article on independent contractor classification, written by Robert Reich, Secretary of Labor during Clinton administration.

http://robertreich.org/#.VOo51VgY1Sc.twitter


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## Dutchman (Dec 2, 2014)

Not generally a huge fan of Robert Reich, but every now and then he gets it right.


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## Dutchman (Dec 2, 2014)

Mr. Robert B. Reich is pretty much spot-on about the FedEx situation. I was an owner/operator with RPS - which later became FedEx Ground. They had us as "independent contractors" and we once did have a lot of autonomy with the job, hours, what we did, etc., etc. After FedEx purchased Caliber System (parent company of RPS, Inc.), they began to very aggressively take over more of our decision making capacity and dictated about 95 percent of the job. FedEx essentially treated us as de facto employees, except when something went wrong with "our business" - and then all of a sudden we were on our own to fix it and often had to work without compensation.

The Uber situation is much different, though. Uber "partners" (drivers) set our own hours, don't have a specific dress code or uniform, can use almost any make/model of vehicle we want, we have autonomy in what hours we work, what area we choose to service and what routes to take, etc., etc. Uber drivers or "partners" technically DO fit the definition of an independent contractor.

Mr. Reich gets three out of five stars on this one. LOL!


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## Dutchman (Dec 2, 2014)

Go and review the IRS regulations for what determines who is an "employee" versus what constitutes being an "independent contractor" -- and it is quite clear that Uber (at least how it is operated here) clearly operates under the rules of the latter situation. If Uber told you that your car had to be white, have four regular doors, be one of two or three different makes AND required you to work certain hours and/or wear a certain uniform/attire............the case COULD be made for an employee status.

I do Uber 'part-time' and work when I want and (mostly) where I want. I can wear jeans & a sweatshirt or dress up in a coat and tie if I so choose. I can take no breaks at all or take a three-hour break on a long day of driving. I can hardly see any scenario where you are more independent than that - short of being able to "hail" riders in your Uber car without them using the app. LOL!

Again, this is NOTHING like 'owning' a FedEx route where the company dictates 90 percent of the aspects of your job and tries to get away with calling you an independent businessman.


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## Dutchman (Dec 2, 2014)

That being said, Denver Diane, I do like the way you are thinking outside the box. Maybe a few class action lawsuits COULD make Uber act a bit more responsible in the eyes of some, but I would not hold your breath.

Every market is different, of course, and there is no way that you could honestly 'make it' here doing Uber full-time. Other cities & markets might be better, though. I do like the 'free market' and cashless business model and people are free to be drivers or riders as little or as often as they like. I only do it 'part-time' one or two days a week......and if I find that it is not so lucrative after a few months, I'll drop it like a bad habit. If things pick back up at my day job, I may soon be too busy to Uber anyway.

Peace and good night!

P.S. I was in Denver in 2012 -- and LOVED IT OUT THERE!! People actually know how to drive.


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## cybertec69 (Jul 23, 2014)

osii said:


> Has anybody who has been deactivated tried applying for unemployment?


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## cybertec69 (Jul 23, 2014)

observer said:


> You might be able to argue you were really an employee misclassified as an independent contractor. Just because Uber says you are an independent contractor does not make you one. That determination is solely done by the government. Uber would be responsible for the back taxes.


Get off the Bong


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## Trebor (Apr 22, 2015)

There have been a couple of Uber drivers that were able to get unemployment benefits. (do a google search).

I was once laid off from a small attorneys office and applied for unemployment. This was at the end of 2008, so I was really unsure when I would find work). They set up a conference call between a mediator, myself and the attorney I worked for. Somehow, I was able to go directly against an attorney and win. There were about 50 people working at this firm in 2008. 8 remained at the end of 2008. Im sure he was broke and was tyring to get out of paying. Fortunately a former coworker (that was laid off as well) was able to refer me and helped me land the next job a few weeks later. Obviously, he was no the best attorney, but i was pretty stoked I went up against an attorney with 30+years of experience and won.

Just because your the small person does not mean you will lose. The unemployment agencies are known for ruling in the "employees" favor. It is worth a try. You have nothing to lose.

This is also why I keep my Uber, DoorDash, Amazon Flex, Get Me, (small rideshare company) accounts active, and constantly scout the internet for any other companies for other companies that may come into my area. You just never know when you will need something else.


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## observer (Dec 11, 2014)

Trebor said:


> There have been a couple of Uber drivers that were able to get unemployment benefits. (do a google search).
> 
> I was once laid off from a small attorneys office and applied for unemployment. This was at the end of 2008, so I was really unsure when I would find work). They set up a conference call between a mediator, myself and the attorney I worked for. Somehow, I was able to go directly against an attorney and win. There were about 50 people working at this firm in 2008. 8 remained at the end of 2008. Im sure he was broke and was tyring to get out of paying. Fortunately a former coworker (that was laid off as well) was able to refer me and helped me land the next job a few weeks later. Obviously, he was no the best attorney, but i was pretty stoked I went up against an attorney with 30+years of experience and won.
> 
> ...


Also, keep in mind that you get two appeals. I lost my first two hearings but won my last hearing. Won almost 9K in back unemployment benefits. The person that told me to keep appealing... an EDD employee.


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## 5 Star Guy (Nov 7, 2015)

There are two cases pending, one in CA. You could set up a Google Alert on it and get notified on any chatter. MA and CA are some of the toughest protecting workers, whether they are employees or independent contractors. There is a fine line thanks to these two states and they are trying to stay below it.


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## uberdriverfornow (Jan 10, 2016)

Don't listen to the people that have no idea how unemployment insurance works. Many people have filed for unemployment and many people have won. In fact, I don't know of any case where someone filed for unemployment after being deactivated from Uber and has lost his case.

Just hit the search button.

In fact, EDD has specific forms specifically for Uber drivers to determine eligibility, it's about 9 pages long or so. Just because Uber calls us independent contractors doesn't make it so. That's what our lawsuit is about.

www.uberlawsuit.com

Unless it's completely clear that an employee is not an employee but an independent contractor then they should classify as independent contractor but ours is so far cut and dry that we are employees that they should have already classified us as employees already. They will get hit hard when we win the lawsuit.


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## 5 Star Guy (Nov 7, 2015)

uberdriverfornow said:


> Don't listen to the people that have no idea how unemployment insurance works. Many people have filed for unemployment and many people have won. In fact, I don't know of any case where someone filed for unemployment after being deactivated from Uber and has lost his case.
> 
> Just hit the search button.
> 
> ...


If they lose they'll be out of business until they have SDC. Sometimes when I look at it I see it in the driver's favor and then I think well if you don't work how can you be an employee, anywhere? Never listen to anyone but a good lawyer, sometimes they are free or discounted if you qualify. The company is sketchy regardless and I hope Google takes them out.


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## uberdriverfornow (Jan 10, 2016)

5 Star Guy said:


> If they lose they'll be out of business until they have SDC. Sometimes when I look at it I see it in the driver's favor and then I think well if you don't work how can you be an employee, anywhere? Never listen to anyone but a good lawyer, sometimes they are free or discounted if you qualify. The company is sketchy regardless and I hope Google takes them out.


What is SDC ?


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## 5 Star Guy (Nov 7, 2015)

SDC is self driving car. There are some threads on it here you can search. They just approved AES in most cars by 2022, probably sooner with competition. Automatic Emergency Braking System, the key to SDC. Will be interesting. There's no way to run these companies with employees.


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## Tim In Cleveland (Jul 28, 2014)

At least 2 people in California have been awarded unemployment compensation after being terminated by Uber.


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## Coffeekeepsmedriving (Oct 2, 2015)

MiamiFlyer said:


> You would need to be employed first to then become eligible for unemployment.
> Unemployment benefits get payed from a fund created by payroll taxes paid by employers.
> Driving for Uber is not employment, and Uber does not pay into these funds for drivers.


you get nothing..no social security..unemployment ..health insurance..sick days etc


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## The Cookie Lady (Jan 13, 2017)

so can you draw unemployment from a previous job and still Uber?


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## openc (Feb 16, 2017)

prdelnik666 said:


> You can't collect unemployment since you are not an employee therefore unemployment insuarance was not paid for you. Nothing there to collect.


True and lol, some idiot said uber is also a business.. doubt that..


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## openc (Feb 16, 2017)

The Cookie Lady said:


> so can you draw unemployment from a previous job and still Uber?


100% NO. In the unemployment form you have to declare other forms of income, if you say you uber'd .. I am not sure if they will pay unemp claims.
By the way, unemployment collection only works for certain number of months that's it. After that, even if you are unemployed no money will come from the government.


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## Shangsta (Aug 15, 2016)

The Cookie Lady said:


> so can you draw unemployment from a previous job and still Uber?


Someone looked into this. Depends on your state, even in one's you can you can make very little from Uber


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## Coffeekeepsmedriving (Oct 2, 2015)

cybertec69 said:


>


No! You have to be ready and willing to work..you have to report all your income to unemployment..
they dont take out social security either


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## Tim In Cleveland (Jul 28, 2014)

Stop listening to answers here and check with your unemployment bureau. You may be able to only report net income and remember, drivers average 2 miles per paid mile so profit is slim.


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## DrivingZiggy (Jun 4, 2016)

I can only tell you that here in Louisiana, I have been paying "unemployment insurance" to the state since I incorporated. There was a slow period a few years ago when I went to the unemployment office to see about collecting. Good news: They said I qualified! Bad news: They made it so that it was impossible for me to get the "evidence" they needed and so didn't pay me a cent.


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