# Rideshare drivers sue Uber, Lyft to classify them as employees, citing coronavirus



## KevinH (Jul 13, 2014)

https://thehill.com/policy/technolo...ber-lyft-to-classify-them-as-employees-citing
BY CHRIS MILLS RODRIGO - 03/12/20 11:49 PM EDT 342

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© Getty Images

*Rideshare drivers this week re-upped lawsuits against Uber and Lyft to gain employee classification and sick leave benefits, arguing that the spread of coronavirus means judges should act now.*​
Labor attorney Shannon Liss-Riordan filed an emergency complaint in California against each company and added to existing cases against both companies in Massachusetts on behalf of rideshare drivers. The drivers are asking for judges to issue emergency injunctions forcing Uber and Lyft to comply with each state's employment classification laws and provide paid sick leave for the drivers.

The attorney has been denied emergency injunctions before, with courts saying that there is no pressing need for the cases to be resolved right away. Liss-Riordan now believes, however, that there is a more compelling need for an injunction: coronavirus.

"Now we have an emergency that lays bare the fact that it is a danger to the public, not only to the drivers themselves, that they are not being afforded the rights of employees," she told The Hill, arguing that the public nature of danger from not granting sick leave means normal arbitration process can be skipped.
Both California and Massachusetts have laws - including the newly passed Assembly Bill 5 in California - aimed at classifying most gig economy workers as full employees with access to benefits like a minimum wage and labor protections, including the right to organize.

Uber and Lyft have avoided classifying their drivers as employees with a combination of lawsuits and arbitration clauses, arguing that the gig economy laws do not apply to their workers.

Analysts have estimated the legislation could raise expenses for the companies by as much as 15 to 20 percent, and Uber has said outright that it will not classify its drivers as employees.

The new arguments filed Wednesday and Thursday by Liss-Riordan argue that Uber and Lyft should have to classify their drivers as employees while those cases are being decided.

"Without paid sick leave, drivers&#8230; are going to need to work in order to eat, and pay their rent and survive," she told The Hill. "With the spread of coronavirus&#8230; the recommendation is 'if you feel sick, stay home.'"

Uber has offered up to 14 days of paid time to drivers if they contract the virus, while Lyft has said it will "provide funds to drivers" if infected.
Liss-Riordan told The Hill that those commitments are not enough.

"That half-measure does not provide the protections of state law," she said. "State law mandates paid sick leave - and you don't need to be diagnosed with coronavirus to be eligible for it. Testing for the virus is hard to get now, so few drivers are even eligible for whatever compensation Uber and Lyft are talking about."

The Hill has reached out to Uber and Lyft for comment on the legal cases.


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## SHalester (Aug 25, 2019)

Be careful what u wish for......


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## DeadHeadDriver (Feb 7, 2020)

Be careful which CORPORATE LIE you believe..... ("Making Drivers Employees Will Hurt Pay & Flexibility")


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## SHalester (Aug 25, 2019)

for those of you who beleive becoming an employee is all positives, you are in a bubble.


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## uberdriverfornow (Jan 10, 2016)

can't wait for employee benefits and a union contract


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## observer (Dec 11, 2014)

It's not just about sick pay benefits.

From what I'm reading rides are also slowing down so drivers will be hit in the pocketbook.


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## SHalester (Aug 25, 2019)

uberdriverfornow said:


> a union contract


not happening.


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## AveragePerson (May 18, 2018)

DeadHeadDriver said:


> Be careful which CORPORATE LIE you believe..... ("Making Drivers Employees Will Hurt Pay & Flexibility")


the most likely outcome of a forced reclassification is mass layoff and/or mass reduction of working hours and mandated working shifts. Given the number of drivers, it is likely that more than half (probably closer to 70%) of drivers will need to be fired, so it is more likely than not that you will be among those fired (from a statistical standpoint), so worry about this when you can be dusting resume?


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## uberdriverfornow (Jan 10, 2016)

AveragePerson said:


> the most likely outcome of a forced reclassification is mass layoff and/or mass reduction of working hours and mandated working shifts. Given the number of drivers, it is likely that more than half (probably closer to 70%) of drivers will need to be fired, so it is more likely than not that you will be among those fired (from a statistical standpoint), so worry about this when you can be dusting resume?


lol ya mass layoffs of those working few hours


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## SHalester (Aug 25, 2019)

AveragePerson said:


> is mass layoff


U/L won't even make them all employees to begin with. Anybody who thinks every single driver (in calif) would be made an employee is in a bubble.


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## whatyoutalkinboutwillis (Jul 29, 2017)

KevinH said:


> https://thehill.com/policy/technolo...ber-lyft-to-classify-them-as-employees-citing
> BY CHRIS MILLS RODRIGO - 03/12/20 11:49 PM EDT 342
> 
> 
> ...


I don't understand why so many of them think this is a good thing? I work when I want and for as long as I want. Becoming an employee isn't just about money. It's also about control. If they aren't making money as independent contractors, then surely they realize things won't get better as an employee. The people at Walmart and McDonald's are employees and look at how far that has gotten them. And if it's a question of organizing, we can do that without becoming employees.


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## UberAdrian (May 26, 2018)

whatyoutalkinboutwillis said:


> I don't understand why so many of them think this is a good thing? I work when I want and for as long as I want. Becoming an employee isn't just about money. It's also about control. If they aren't making money as independent contractors, then surely they realize things won't get better as an employee. The people at Walmart and McDonald's are employees and look at how far that has gotten them. And if it's a question of organizing, we can do that without becoming employees.


Well said. People don't realize they are foolishly acting against their own self interest wanting this. Things will be so much worse as an employee. I will never be anyone's employee for any reason. I consider it literal slavery (with perks) and I'd rather die in a gutter.

Its just unfortunate that so many come into this gig expecting to be employees and stick around despite knowing dam well they are terrible business owners. Stupid UL must eat the lions share of the blame for intentionally confusing people and trying to turn a bunch of recalcitrants into business owners. Business is not a game, very few people are cut out for it - even a small and silly business like RS.


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## observer (Dec 11, 2014)

https://www.sfchronicle.com/news/article/California-high-court-says-workers-may-sue-15129924.php


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## tohunt4me (Nov 23, 2015)

KevinH said:


> https://thehill.com/policy/technolo...ber-lyft-to-classify-them-as-employees-citing
> BY CHRIS MILLS RODRIGO - 03/12/20 11:49 PM EDT 342
> 
> ​
> ...


Uber BETTER FIND MORE MONEY !!!


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## IR12 (Nov 11, 2017)

KevinH said:


> https://thehill.com/policy/technolo...ber-lyft-to-classify-them-as-employees-citing
> BY CHRIS MILLS RODRIGO - 03/12/20 11:49 PM EDT 342
> 
> 
> ...


Shannon SOLD OUT drivers long ago & is in bed with ridesharing. Meanwhile, she's laughing all the way to the bank.


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## Woohaa (Jan 15, 2017)

SHalester said:


> for those of you who beleive becoming an employee is all positives, you are in a bubble.


Bubbles are fun.


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## Stevie The magic Unicorn (Apr 3, 2018)

SHalester said:


> for those of you who beleive becoming an employee is all positives, you are in a bubble.


Employees can't be paid less than min wage after impermissible deductions.

Uber and lyft are WAY under that threshold in many cities currently.

Worst case, employee status sets a pay floor at min wage. If Uber paid min wage in my market it would amount to a $6-7 an hour increase on average.

And there's no reason they can't have flexibility hours.


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## uberdriverfornow (Jan 10, 2016)

observer said:


> https://www.sfchronicle.com/news/article/California-high-court-says-workers-may-sue-15129924.php


wow this is the biggest ruling ever for CA drivers !!



SHalester said:


> U/L won't even make them all employees to begin with. Anybody who thinks every single driver (in calif) would be made an employee is in a bubble.


The law mandates it. You crying on twitter doesn't override employee law.



IR12 said:


> Shannon SOLD OUT drivers long ago & is in bed with ridesharing. Meanwhile, she's laughing all the way to the bank.


She's gonna get another crack at it with this latest ruling.



UberAdrian said:


> Well said. People don't realize they are foolishly acting against their own self interest wanting this. Things will be so much worse as an employee. I will never be anyone's employee for any reason. I consider it literal slavery (with perks) and I'd rather die in a gutter.
> 
> Its just unfortunate that so many come into this gig expecting to be employees and stick around despite knowing dam well they are terrible business owners. Stupid UL must eat the lions share of the blame for intentionally confusing people and trying to turn a bunch of recalcitrants into business owners. Business is not a game, very few people are cut out for it - even a small and silly business like RS.


The good news is only CA drivers get to be employee with ACTUAL rights and a union contract. Since you live in Toronto you get none of those heinous despicable employee rights and despicable union contracts with great benefits and protection against false accusations deactivations.


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## 197438 (Mar 7, 2020)

Why in the world would anyone want to be classified as an employee? And why in the world would anyone want to pay union dues for the glory of being classified as an employee?


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## #professoruber (Feb 19, 2018)

This may actually force the issue of our IE status. In good faith, Uber offered to compensate drivers if they are infected. Then you have this money hungry attorney that will force Uber to settle and drivers will get a little stipend check while she cashing in a few million.


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## MarkMan (Mar 4, 2020)

Lots of Uber shills here. How does it feel right now to be an independent contractor? Who is still making more than $10 with riders staying at home all day. Uber employees right now make exactly the same money they did a month ago, do you still make the same amount of money?


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## SHalester (Aug 25, 2019)

uberdriverfornow said:


> The law mandates it. You crying on twitter doesn't override employee law.


no, it doesn't. U/L is under no mandate to make every single driver in Calif employees. They could pick and chose and the rest would be totally out of luck. They would ONLY need to make active drivers employees. And, really, no judge has ordered them to do so yet. 
U/L decides who would be active going forward and then make them employees. 
just know being an employee won't be all honey and rainbows.........

Until the W4's go out, nothing has changed except for AR gone and full info pings; neither Uber 'had' to do .


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## Poo (Aug 31, 2017)

KevinH said:


> https://thehill.com/policy/technolo...ber-lyft-to-classify-them-as-employees-citing
> BY CHRIS MILLS RODRIGO - 03/12/20 11:49 PM EDT 342
> 
> 
> ...


Uber this week said drivers would be eligible for sick pay if they provided proper documentation of being diagnosed with coronavirus, placed into quarantine, asked to self isolate, or have been removed from Uber's drivers' app for 14 days at the direction of a public health organization..

I wonder how much Uber will compensate it's drivers


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## SoxFan79 (Mar 30, 2015)

The problem is that there are many of us who are choosing not to work because of low demand and/or not wanting to risk getting infected....

Will Uber help us too?


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## TemptingFate (May 2, 2019)

The Uber model doesn't work if Uber has to pay a fair wage. That's what taxis do. Uber is only profitable by exploiting drivers at less than minimum wage and extracting value from drivers' car equity. If Uber has to compensate drivers fairly and provide employee benefits and protections, then Uber becomes a taxi company, riders will be charged accordingly, and the whole system collapses.


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## Poo (Aug 31, 2017)

SoxFan79 said:


> The problem is that there are many of us who are choosing not to work because of low demand and/or not wanting to risk getting infected....
> 
> Will Uber help us too?


Uber claims anyone infected will be compensated as long as they have proof and their acct will be locked for 14 days. My question is how much will they pay drivers?


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## TemptingFate (May 2, 2019)

Poo said:


> Uber claims anyone infected will be compensated as long as they have proof and their acct will be locked for 14 days. My question is how much will they pay drivers?


$250 per week.


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## whatyoutalkinboutwillis (Jul 29, 2017)

MarkMan said:


> Lots of Uber shills here. How does it feel right now to be an independent contractor? Who is still making more than $10 with riders staying at home all day. Uber employees right now make exactly the same money they did a month ago, do you still make the same amount of money?


I can't speak for everyone, but I'm not an Uber shill. There is more to being an employee besides money. You won't be in charge of your schedule. That means working when and where they say. Don't want to work that side of town? Other duties as assigned. Don't want to work at that time? Other duties as assigned. What if they mandate cameras in all cars? Not to catch bad passengers, but to catch bad drivers. Cameras with video and sound that they monitor whenever they wish. Some in real-time. Let them catch you texting while on the company time, deactivated. Or bad-mouthing the company, deactivated. And let's be honest. The same drivers who couldn't make Uber work now, won't be able to make Uber employee work either.


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## uberdriverfornow (Jan 10, 2016)

whatyoutalkinboutwillis said:


> I can't speak for everyone, but I'm not an Uber shill. There is more to being an employee besides money. You won't be in charge of your schedule. That means working when and where they say. Don't want to work that side of town? Other duties as assigned. Don't want to work at that time? Other duties as assigned. What if they mandate cameras in all cars? Not to catch bad passengers, but to catch bad drivers. Cameras with video and sound that they monitor whenever they wish. Some in real-time. Let them catch you texting while on the company time, deactivated. Or bad-mouthing the company, deactivated. And let's be honest. The same drivers who couldn't make Uber work now, won't be able to make Uber employee work either.


Flexibility doesn't matter when you aren't making any money. Stop trying to think you will ever be a true independent contractor with Uber or Lyft because we never will be.



SHalester said:


> no, it doesn't. U/L is under no mandate to make every single driver in Calif employees. They could pick and chose and the rest would be totally out of luck. They would ONLY need to make active drivers employees. And, really, no judge has ordered them to do so yet.
> U/L decides who would be active going forward and then make them employees.
> just know being an employee won't be all honey and rainbows.........
> 
> Until the W4's go out, nothing has changed except for AR gone and full info pings; neither Uber 'had' to do .


We are employees under AB5. They are about to finally be hit with an injunction by a judge to follow AB5. It's only a matter of time now.


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## whatyoutalkinboutwillis (Jul 29, 2017)

uberdriverfornow said:


> Flexibility doesn't matter when you aren't making any money. Stop trying to think you will ever be a true independent contractor with Uber or Lyft because we never will be.
> 
> 
> We are employees under AB5. They are about to finally be hit with an injunction by a judge to follow AB5. It's only a matter of time now.


Have you ever wondered why some of us are making money? Becoming an employee won't suddenly make you more money. Or do you think we're lying about that? Also, for some of us, flexibility is the selling point in all this.


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## uberdriverfornow (Jan 10, 2016)

whatyoutalkinboutwillis said:


> Have you ever wondered why some of us are making money? Becoming an employee won't suddenly make you more money. Or do you think we're lying about that? Also, for some of us, flexibility is the selling point in all this.


flexibility is the scamming point, actually

Uber: "we're gonna keep cutting rates and deactivating people for no reason among many other 'employer-like' things while you remain focused on the 'flexibility' garbage"


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## SHalester (Aug 25, 2019)

uberdriverfornow said:


> They are about to finally be hit with an injunction by a judge to follow AB5.


when I get a W4 to fill out, I will beleive. Unlike the movie "I Believe", I don't believe we are employees and we won't be anytime soon.

AND being an employee isn't all honey and rainbows, so be careful of what you are waiting for.


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## whatyoutalkinboutwillis (Jul 29, 2017)

uberdriverfornow said:


> flexibility is the scamming point, actually
> 
> Uber: "we're gonna keep cutting rates and deactivating people for no reason among many other 'employer-like' things while you remain focused on the 'flexibility' garbage"


Dude. I run a tight ship. I have one eye on my expenses and the other on my earnings. I know how much I want to make daily. If you're still losing money on this, becoming an employee won't help. Don't you realize that they can send you wherever they wish if you're an employee? There are a lot of people here who refuse to transport people for one issue or another. Good luck trying to do that as an employee. Don't want to help with groceries? "We at Uber value our customer and customer service", blah, blah, blah. There are plenty of other examples.


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## Stevie The magic Unicorn (Apr 3, 2018)

whatyoutalkinboutwillis said:


> Have you ever wondered why some of us are making money? Becoming an employee won't suddenly make you more money. Or do you think we're lying about that? Also, for some of us, flexibility is the selling point in all this.


somw people are making Money because the per mike rates are actually high enough to turn a profit.

I used to make good money doing Uber.

(this is all assuming pre civic 19 shutdowns)

there's more pings than ever and earnings are worse than ever.

think about that here. I'm a 10 year industry Veteran and I Can make more money walking in to the cab company and handing them $76 to rent a stinky fugly taxi for 12 hours than I can using my far nicer car for uberx.

and this is comparing apples to apples, in the same city.

a fuel efficient sedan vs a fuel efficient sedan.

Most places don't have 53c a mile rates,

But most cities were over $1.00 a mile when Orlando had 65c a mile or 90c a mile.


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## whatyoutalkinboutwillis (Jul 29, 2017)

Stevie The magic Unicorn said:


> somw people are making Money because the per mike rates are actually high enough to turn a profit.
> 
> I used to make good money doing Uber.
> 
> ...


Do you think it'll get better if you become an employee? When you made 'good money' doing Uber, were you an employee at the time? If not, then why do you think you made 'good money'? I bet the number one reason was that there were fewer drivers. So we become employees and I bet you dollars to donuts that Uber then trims the fat. But then they'll expect their employees to pick up and drop off more and more people for a set fee per hour. Jeez. Don't want to do UberPool? Too bad. "We have three people waiting at Walmart."


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## uberdriverfornow (Jan 10, 2016)

whatyoutalkinboutwillis said:


> Do you think it'll get better if you become an employee? When you made 'good money' doing Uber, were you an employee at the time? If not, then why do you think you made 'good money'? I bet the number one reason was that there were fewer drivers. So we become employees and I bet you dollars to donuts that Uber then trims the fat. But then they'll expect their employees to pick up and drop off more and more people for a set fee per hour. Jeez. Don't want to do UberPool? Too bad. "We have three people waiting at Walmart."


yes, much better with a union contract

no-brainer


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## Crbrocks (Oct 12, 2017)

SHalester said:


> for those of you who beleive becoming an employee is all positives, you are in a bubble.
> I beg to differ


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## Wrb06wrx (Sep 20, 2017)

Becoming employees will get you nothing but taken advantage of, as mentioned before you dont want to drive there? Strike one texting or chatting on the phone on company time guess what we got a 4.00 ride for you, oh you don't want it? Ok strike 2 those hours dont work for you? Ok thanks for playing please uninstall the app you have been deactivated 

I used to make almost a weeks take home pay just working friday and saturday nights when I started this after the rate cuts I can still make some side money nothing worth bragging about but I do alright for a side hustle when I'm short on cash being employees doesn't automatically equal profitability being smart about where when and how you drive is what it takes


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## uberdriverfornow (Jan 10, 2016)

Wrb06wrx said:


> Becoming employees will get you nothing but taken advantage of, as mentioned before you dont want to drive there? Strike one texting or chatting on the phone on company time guess what we got a 4.00 ride for you, oh you don't want it? Ok strike 2 those hours dont work for you? Ok thanks for playing please uninstall the app you have been deactivated
> 
> I used to make almost a weeks take home pay just working friday and saturday nights when I started this after the rate cuts I can still make some side money nothing worth bragging about but I do alright for a side hustle when I'm short on cash being employees doesn't automatically equal profitability being smart about where when and how you drive is what it takes


You are already being taken advantage of.

Just stop it with that "Uber is the best company in the world and will never do anything bad to us" nonsense.

Nobody here wants to hear it.


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## Stevie The magic Unicorn (Apr 3, 2018)

whatyoutalkinboutwillis said:


> Do you think it'll get better if you become an employee? When you made 'good money' doing Uber, were you an employee at the time? If not, then why do you think you made 'good money'? I bet the number one reason was that there were fewer drivers. So we become employees and I bet you dollars to donuts that Uber then trims the fat. But then they'll expect their employees to pick up and drop off more and more people for a set fee per hour. Jeez. Don't want to do UberPool? Too bad. "We have three people waiting at Walmart."


no...

fewer drivers isn't the only issue.

the issue is that in the good old days a late night surge trip from the nightclubs was worth a good $50z

now your lucky to get $15-20

Back in the day a min fare used to cut off at 1.something miles. Now a 3 mile 10 minute trip can still be a minimum fare.

beck in the day one non surges ping from Disney world to the airport paid $40, now its $20 minus $5 in tolls round trip.

and honestly, the fare counts can be higher now than they were back when I made good money. But the days of getting 5 surge pings in a row on a Friday are gone,


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## Wrb06wrx (Sep 20, 2017)

Uberdriverfornow,
Nobody is sticking up for uber I think you misinterpreted what I was saying I use uber like they use me I know full well it's a crap shoot and I might make money and I might not but sometimes it's not about being profitable and is about having the ability to generate needed cash today....

I know uber pays garbage but like I said sometimes I need 100 dollars today or by tuesday to pay a bill or buy some groceries to hold me over til payday from my day job and U/L provide me that ability.

I am definitely no cheerleader for them but I will use them as they use me until I can take no more from them it a dysfunctional relationship at best but that's my life story so it's what I'm good at

I had a lady of the night in my uber one time really nice girl just her life was jacked up from the jump parents that were addicts crappy childhood (the works it was a 45+ride and she was working) the one thing that stuck with me from her is :
"we are all turning tricks in some form or another for something."
And when you really think about it and bring it to basics that's all anybody is doing in life


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## whatyoutalkinboutwillis (Jul 29, 2017)

uberdriverfornow said:


> yes, much better with a union contract
> 
> no-brainer


Some of us are in a right to work state.



uberdriverfornow said:


> You are already being taken advantage of.
> 
> Just stop it with that "Uber is the best company in the world and will never do anything bad to us" nonsense.
> 
> Nobody here wants to hear it.


I don't think anyone is saying that Uber is a great company. I'm saying that becoming an employee is not the way to get what we want. We are already at a disadvantage, becoming employees will only make it worse.


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## Stevie The magic Unicorn (Apr 3, 2018)

whatyoutalkinboutwillis said:


> Some of us are in a right to work state.
> 
> 
> I don't think anyone is saying that Uber is a great company. I'm saying that becoming an employee is not the way to get what we want. We are already at a disadvantage, becoming employees will only make it worse.


do you want your pay Cut until your getting 30c a mile?

Or WORSE.

cause that's how bad it is for some RS drivers already.

Since the only garuntee is that tomarrow is going to be worse than yesterday you need to acknowledge that without employee protection that the pay will continue to fall.

The most recent cut is Uber doing a 10% cut outside of city center. (Or whatever % it is)

the pay has no floor until employee protections are in place.

I've been saying for years now that the next pay cut is around the corner and I've consistently been right.


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## whatyoutalkinboutwillis (Jul 29, 2017)

Stevie The magic Unicorn said:


> no...
> 
> fewer drivers isn't the only issue.
> 
> ...


The only reason you got a surge was that Uber desperately needed drivers and that was the incentive. Why would anyone work a late-night shift while dealing with drunks if not for an incentive? When word got out how much could be made, plenty of people signed up. But instead of putting a freeze on it when they reached critical mass, Uber just kept on signing people up. More drivers, lower incentives, less money to be made.

The PTB at Uber aren't stupid. They know that more drivers mean fewer riders waiting for a ride; which equals more money for them. They could easily do an analysis to determine how many drivers are needed for each city to keep those high surges (something they already do when determining their rates). But we aren't their priority. And that won't suddenly change if we become employees. If this company isn't the best now, (and it isn't) it won't suddenly become the best if we become employees. We'll just have different issues to deal with. Different ways for them to screw us over.



Stevie The magic Unicorn said:


> do you want your pay Cut until your getting 30c a mile?
> 
> Or WORSE.
> 
> ...


That's not a guarantee. Some tomorrows are better. I don't think I'll ever acknowledge that we can only get those protections if we become employees.


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## SHalester (Aug 25, 2019)

Stevie The magic Unicorn said:


> the pay has no floor until employee protections are in place.


....and what do you feel are the disadvantages of becoming an employee? Curious to know. Because many of us who have been employees know it isn't all pay raises, rainbows and honey.


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## uberdriverfornow (Jan 10, 2016)

Wrb06wrx said:


> Uberdriverfornow,
> Nobody is sticking up for uber I think you misinterpreted what I was saying I use uber like they use me I know full well it's a crap shoot and I might make money and I might not but sometimes it's not about being profitable and is about having the ability to generate needed cash today....
> 
> I know uber pays garbage but like I said sometimes I need 100 dollars today or by tuesday to pay a bill or buy some groceries to hold me over til payday from my day job and U/L provide me that ability.
> ...


After becoming an employee you will also be able to make the same 100 bucks.

You seem to be brainwashed into thinking you won't have a job if you become an employee.



whatyoutalkinboutwillis said:


> Some of us are in a right to work state.
> 
> 
> I don't think anyone is saying that Uber is a great company. I'm saying that becoming an employee is not the way to get what we want. We are already at a disadvantage, becoming employees will only make it worse.


i couldn't care any less that you live in a right to work state nor does it matter to us in CA.


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## SHalester (Aug 25, 2019)

uberdriverfornow said:


> After becoming an employee you will also be able to make the same 100 bucks.


actually, we don't know that U/L are under any mandate to make each and every active driver employees. They can pick and chose who to make employees and frak the rest. AND it won't be all rainbows and candy once one is an employee.


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## uberdriverfornow (Jan 10, 2016)

SHalester said:


> ....and what do you feel are the disadvantages of becoming an employee? Curious to know. Because many of us who have been employees know it isn't all pay raises, rainbows and honey.


Yes, it is, with a union contract.

Nobody that has ever had a union job has ever hated it. None.



SHalester said:


> actually, we don't know that U/L are under any mandate to make each and every active driver employees. They can pick and chose who to make employees and frak the rest. AND it won't be all rainbows and candy once one is an employee.


lol Same as it is now. Or perhaps you are saying Uber can't pick and choose who it wants working for them now ?


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## SHalester (Aug 25, 2019)

uberdriverfornow said:


> Yes, it is, with a union contract.


Um, er, ah I'm sure you know to become a union you must be an employee and you must vote to unionize. Ain't happening in the current reality. Google how the unionized population is shrinking year to year. Unions are not the answer.


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## uberdriverfornow (Jan 10, 2016)

SHalester said:


> Um, er, ah I'm sure you know to become a union you must be an employee and you must vote to unionize. Ain't happening in the current reality. Google how the unionized population is shrinking year to year. Unions are not the answer.


Because of shills like you trying to union bust. But those days are over.


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## SHalester (Aug 25, 2019)

uberdriverfornow said:


> Or perhaps you are saying Uber can't pick and choose who it wants working for them now ?


.......they certainly don't 'block' a driver from going online w no notice. Once online, well all speculation with no direct facts anything else occurs. 
U/L would not be ordered to make 'any' active driver an employee. Just drivers going forward and U/L could always just say 'buh bye' Calif market and that would be that. Until the next election and voters chime in, IF there is something on the ballot that is.



uberdriverfornow said:


> Because of shills like you trying to union bust.


sure, I'm a shill; if that helps your debate along. I"ll help you and go with it. Facts remain, we ain't employees. No judge/court has issued any orders to 'make it so'. And no driver has filled out a W4. Them thar are the facts. 
And possibility of 50% plus one vote to unionize is a fantasy.


----------



## uberdriverfornow (Jan 10, 2016)

SHalester said:


> .......they certainly don't 'block' a driver from going online w no notice. Once online, well all speculation with no direct facts anything else occurs.
> U/L would not be ordered to make 'any' active driver an employee. Just drivers going forward and U/L could always just say 'buh bye' Calif market and that would be that. Until the next election and voters chime in, IF there is something on the ballot that is.
> 
> 
> ...


The only person "living in a bubble" is you.


----------



## SHalester (Aug 25, 2019)

uberdriverfornow said:


> The only person "living in a bubble" is you.


Oh? How so? First, u need to post what being an employee really means. All it means. Then we decide who is in a bubble. Go!


----------



## Poo (Aug 31, 2017)

TemptingFate said:


> $250 per week.


The uncertainty caused by the coronavirus is being felt across the world. But we know it's especially concerning for anyone who relies on our platform to make a living. That's why we are providing financial assistance to anyone who drives or delivers with Uber and is diagnosed with COVID-19 or placed in individual quarantine by a public health authority. This assistance is now available worldwide.

This is a moment of great challenge, but we are here to support you.

-Andrew Macdonald, Senior Vice President, Rides and Platform

Questions drivers might have

Q. What is Uber's financial assistance policy for drivers and delivery people who are impacted by COVID-19?

We will provide you with financial assistance for up to 14 days if you actively drive or deliver with Uber and get diagnosed with COVID-19 or are personally placed in quarantine by a public health authority.

The circumstances surrounding COVID-19 are changing rapidly and we expect they will continue to do so over the coming weeks and months ahead. To ensure we are responsive to this reality, this policy is effective until April 6, 2020, at which time we will reassess the situation and release a go-forward policy.

Q: What are the criteria for drivers and delivery people to be eligible for this financial assistance?

In order to ensure we can provide support to those who need it most, we will provide financial assistance to you if any of the following happen:


You are diagnosed with COVID-19;
You are placed in an individual quarantine by a public health authority;
You are personally asked to self-isolate by a public health authority or licensed medical provider; or
Your account is restricted by Uber as a result of information provided by a public health authority that you have been diagnosed or have been exposed to someone diagnosed with COVID-19.
Additionally, you must have taken at least one trip on the Uber platform in the 30 days before March 6, 2020, when our global financial assistance plan was announced.

Q. How much financial assistance is Uber giving to drivers and delivery people?

As a platform for flexible work, some people drive or deliver with Uber on a regular basis, while others may only do a few trips over several months. To ensure our financial assistance fairly meets the needs of everyone who uses our platform to earn, the amount of assistance you receive will be based on your average daily earnings over the last six months. If you have been on Uber's platform for less than six months, your average earnings will be based on how much you have earned in the time between your first trip and March 6, 2020.

To help understand what this means for you, we've broken down an estimate of the financial assistance drivers in San Francisco who had different daily earnings over the last six months could expect to receive. The table below show how their varying average daily earnings impacts the amount of financial assistance they would receive:


Average Daily Earnings over last 6 months*Total Financial Assistance for up to 14 days$28.57 / day$400$64.28 / day$900$121.42 / day$1700
_*shorter time period used if first trip was more recent _

Every eligible driver in the U.S. will receive a minimum payment of $50, even if they have only done one trip. The minimum payment will differ by country.

As the example above shows, the flexibility of Uber's platform means that people who drive and deliver can have dramatically different average daily earnings. We believe this policy lets us fairly support both people who use the platform once in a while to supplement their income, as well as those who primarily rely on our platform to pay their bills.

Q. How do drivers and delivery people who believe they are eligible for this financial assistance claim it?

You can submit documentation here. We will work to review and process your request as quickly as we can.

Q: What documentation is Uber requiring to determine eligibility?

In order for Uber to confirm your eligibility, you will need to submit either:


Documentation from a licensed medical provider or public health authority with a diagnosis of COVID-19; or
An order by a licensed medical provider or public health authority requiring you to self-isolate. 
If a public health authority directly notifies Uber that a driver or delivery person has been diagnosed with COVID-19 or otherwise potentially exposed to the virus, we will automatically enroll them in our financial assistance program and they will not have to provide any additional documentation.

Q: When will drivers and delivery people receive assistance if they are found to be eligible?

After we confirm eligibility, in most instances you will receive the financial assistance in your account within 2-5 business days. We will work speedily to review and confirm all submitted documentation so that anyone who is eligible receives their assistance as soon as possible.

Q. How long do eligible drivers and delivery people have to register for this financial assistance?

You will be able to file a claim for financial assistance for COVID-19 up to 30 days after the date of your diagnosis or the date when your individual quarantine came into effect. Again, this policy is effective until April 6, 2020, at which time we will reassess the situation and release a go-forward policy.

Q: How does implementation of the financial assistance policy work in different countries?

In each country, we will be working with policymakers including, where necessary, relevant public health officials to confirm your eligibility should you seek assistance through this program.

If you are in Europe and have confirmed sickness, you may be eligible for benefits through "Partner Protection" coverage from AXA. If your financial assistance is provided by AXA, Uber will top up the difference to ensure you are covered from day 1. Details on Partner Protection are here.

Q: What will happen to Uber accounts for drivers and delivery people when they are found to be eligible for financial assistance?

If you're found eligible for assistance, Uber will temporarily restrict your account access for the same period in which you're receiving assistance. If your account access is restricted due to a COVID-19 diagnosis or mandated individual quarantine, you will be unable to complete trips during this time in order to limit the risk of transmission to others.

Q: What will Uber do for drivers and delivery people if a city shuts down Uber's service?

If we were to fully cease operations in a city or country due to COVID-19, we will work with local governments to understand how best to support drivers and delivery people. A full shutdown of Uber's service in a city has not yet taken place anywhere in the world as a result of the spread of COVID-19. We do not intend for the policy described above to be applicable in any case of a broader suspension of Uber's operations in a location or city.



Poo said:


> Uber this week said drivers would be eligible for sick pay if they provided proper documentation of being diagnosed with coronavirus, placed into quarantine, asked to self isolate, or have been removed from Uber's drivers' app for 14 days at the direction of a public health organization..
> 
> I wonder how much Uber will compensate it's drivers


The uncertainty caused by the coronavirus is being felt across the world. But we know it's especially concerning for anyone who relies on our platform to make a living. That's why we are providing financial assistance to anyone who drives or delivers with Uber and is diagnosed with COVID-19 or placed in individual quarantine by a public health authority. This assistance is now available worldwide.

This is a moment of great challenge, but we are here to support you.

-Andrew Macdonald, Senior Vice President, Rides and Platform

Questions drivers might have

Q. What is Uber's financial assistance policy for drivers and delivery people who are impacted by COVID-19?

We will provide you with financial assistance for up to 14 days if you actively drive or deliver with Uber and get diagnosed with COVID-19 or are personally placed in quarantine by a public health authority.

The circumstances surrounding COVID-19 are changing rapidly and we expect they will continue to do so over the coming weeks and months ahead. To ensure we are responsive to this reality, this policy is effective until April 6, 2020, at which time we will reassess the situation and release a go-forward policy.

Q: What are the criteria for drivers and delivery people to be eligible for this financial assistance?

In order to ensure we can provide support to those who need it most, we will provide financial assistance to you if any of the following happen:


You are diagnosed with COVID-19;
You are placed in an individual quarantine by a public health authority;
You are personally asked to self-isolate by a public health authority or licensed medical provider; or
Your account is restricted by Uber as a result of information provided by a public health authority that you have been diagnosed or have been exposed to someone diagnosed with COVID-19.
Additionally, you must have taken at least one trip on the Uber platform in the 30 days before March 6, 2020, when our global financial assistance plan was announced.

Q. How much financial assistance is Uber giving to drivers and delivery people?

As a platform for flexible work, some people drive or deliver with Uber on a regular basis, while others may only do a few trips over several months. To ensure our financial assistance fairly meets the needs of everyone who uses our platform to earn, the amount of assistance you receive will be based on your average daily earnings over the last six months. If you have been on Uber's platform for less than six months, your average earnings will be based on how much you have earned in the time between your first trip and March 6, 2020.

To help understand what this means for you, we've broken down an estimate of the financial assistance drivers in San Francisco who had different daily earnings over the last six months could expect to receive. The table below show how their varying average daily earnings impacts the amount of financial assistance they would receive:


Average Daily Earnings over last 6 months*Total Financial Assistance for up to 14 days$28.57 / day$400$64.28 / day$900$121.42 / day$1700
_*shorter time period used if first trip was more recent _

Every eligible driver in the U.S. will receive a minimum payment of $50, even if they have only done one trip. The minimum payment will differ by country.

As the example above shows, the flexibility of Uber's platform means that people who drive and deliver can have dramatically different average daily earnings. We believe this policy lets us fairly support both people who use the platform once in a while to supplement their income, as well as those who primarily rely on our platform to pay their bills.

Q. How do drivers and delivery people who believe they are eligible for this financial assistance claim it?

You can submit documentation here. We will work to review and process your request as quickly as we can.

Q: What documentation is Uber requiring to determine eligibility?

In order for Uber to confirm your eligibility, you will need to submit either:


Documentation from a licensed medical provider or public health authority with a diagnosis of COVID-19; or
An order by a licensed medical provider or public health authority requiring you to self-isolate. 
If a public health authority directly notifies Uber that a driver or delivery person has been diagnosed with COVID-19 or otherwise potentially exposed to the virus, we will automatically enroll them in our financial assistance program and they will not have to provide any additional documentation.

Q: When will drivers and delivery people receive assistance if they are found to be eligible?

After we confirm eligibility, in most instances you will receive the financial assistance in your account within 2-5 business days. We will work speedily to review and confirm all submitted documentation so that anyone who is eligible receives their assistance as soon as possible.

Q. How long do eligible drivers and delivery people have to register for this financial assistance?

You will be able to file a claim for financial assistance for COVID-19 up to 30 days after the date of your diagnosis or the date when your individual quarantine came into effect. Again, this policy is effective until April 6, 2020, at which time we will reassess the situation and release a go-forward policy.

Q: How does implementation of the financial assistance policy work in different countries?

In each country, we will be working with policymakers including, where necessary, relevant public health officials to confirm your eligibility should you seek assistance through this program.

If you are in Europe and have confirmed sickness, you may be eligible for benefits through "Partner Protection" coverage from AXA. If your financial assistance is provided by AXA, Uber will top up the difference to ensure you are covered from day 1. Details on Partner Protection are here.

Q: What will happen to Uber accounts for drivers and delivery people when they are found to be eligible for financial assistance?

If you're found eligible for assistance, Uber will temporarily restrict your account access for the same period in which you're receiving assistance. If your account access is restricted due to a COVID-19 diagnosis or mandated individual quarantine, you will be unable to complete trips during this time in order to limit the risk of transmission to others.

Q: What will Uber do for drivers and delivery people if a city shuts down Uber's service?

If we were to fully cease operations in a city or country due to COVID-19, we will work with local governments to understand how best to support drivers and delivery people. A full shutdown of Uber's service in a city has not yet taken place anywhere in the world as a result of the spread of COVID-19. We do not intend for the policy described above to be applicable in any case of a broader suspension of Uber's operations in a location or city.


----------



## Droosk (Sep 1, 2014)

Hey look, another bullshit case that will go no where. Stupid ass lawyer representing a tiny minority of people who can't run a business successfully.


----------



## nurburgringsf (Aug 26, 2016)

SHalester said:


> for those of you who beleive becoming an employee is all positives, you are in a bubble.


A bubble of low market demand, deprivation, and desperation.


----------



## Polomarko (Dec 20, 2016)

Is Uber and Lyft are going to servive U$22 Lyft $24 tomorrow I do think is "To be or not to be" day for both of them.
Are they going out of money, because rides are decimated?

All U/L California driver must file for worker compensation now.


----------



## observer (Dec 11, 2014)

In order to apply you must be diagnosed by a doctor. I've been reading that doctors are telling people to self isolate and not go to medical facilities unless it's life threatening. If that's true a doctor will never diagnose you.

As far as benefits for drivers classified as employees.

Sick drivers would qualify for disability insurance from day one and be effective for as long as he/she is sick and not just the 14 days Uber is offering.

If Uber was for some reason shut down, drivers would qualify for unemployment insurance from day one. For however long Uber is shut down.

Because fares are slower than normal, drivers would be eligible for unemployment for those hours missed and Uber did not pay for and driver was sent home.

Not all current drivers will be hired by Uber, that is just a fact of life. Drivers that aren't hired will have to move on to something else.

Drivers that are not hired on by Uber should qualify for unemployment insurance while they look for work.


----------



## Wrb06wrx (Sep 20, 2017)

uberdriverfornow said:


> You are already being taken advantage of.
> 
> Just stop it with that "Uber is the best company in the world and will never do anything bad to us" nonsense.
> 
> Nobody here wants to hear it.





uberdriverfornow said:


> After becoming an employee you will also be able to make the same 100 bucks.
> 
> You seem to be brainwashed into thinking you won't have a job if you become an employee.
> 
> ...


Not at all brainwashed I just have been through a company that unionized and was shut down because the unions demanded all kinds of stuff that the company couldn't give so the ownership decided to let the clock run out and close up shop
You know what they did after they declared bankruptcy? Everyone lost their job and they sold the company to a family member who then reopened it and hired new staff that wasn't union.
I know because they offered me my job back which I declined as I had already found a new one 
if Uber/Lyft cease to exist I'll find something else I always do

You seem to be brainwashed into thinking union is the way to go if you're so afraid of being taken advantage of by u/l why not go get a real job with a union?
Because that would mean actually working. But hey what do I know right? 
I mean I'm not dependent on this like I said earlier it's nice because I can throw the app on make a quick buck regardless of whether it actual profit the money is in my pocket. But when the economy slows and people stop going out so much and everybody that's not already doing uber starts to do it for side cash and pay drops to .25 a mile you enjoy your ubering I will still have a trade that will pay my bills


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## Jennyma (Jul 16, 2016)

Right now being any employee means getting unemployment. There is no more work.


----------



## uberdriverfornow (Jan 10, 2016)

Wrb06wrx said:


> Not at all brainwashed I just have been through a company that unionized and was shut down because the unions demanded all kinds of stuff that the company couldn't give so the ownership decided to let the clock run out and close up shop
> You know what they did after they declared bankruptcy? Everyone lost their job and they sold the company to a family member who then reopened it and hired new staff that wasn't union.
> I know because they offered me my job back which I declined as I had already found a new one
> if Uber/Lyft cease to exist I'll find something else I always do
> ...


If a company can't stay in business because it's being looted by greedy executives that's the fault of greedy executives.

You act like union workers always make more than the executives that ran it into the ground.



Jennyma said:


> Right now being any employee means getting unemployment. There is no more work.


Yeah because all jobs with employees have no work for the employees.

No idea what you are getting at there.


----------



## Jennyma (Jul 16, 2016)

uberdriverfornow said:


> If a company can't stay in business because it's being looted by greedy executives that's the fault of greedy executives.
> 
> You act like union workers always make more than the executives that ran it into the ground.
> 
> ...


that as an independent contractor you don't get unemployment.


----------



## uberdriverfornow (Jan 10, 2016)

Jennyma said:


> that as an independent contractor you don't get unemployment.


Yes, you do, especially if you're a rideshare driver. Do some research before posting.

Furthermore, a union will get you a grievance hearing to protect against unfair deactivations due to fake complaints.

As of now, you get no help. Nobody helps you or cares about you when you get deactivated.

https://uberpeople.net/threads/irrational-deactivations.386044/


----------



## Jennyma (Jul 16, 2016)

uberdriverfornow said:


> Yes, you do, especially if you're a rideshare driver. Do some research before posting.
> 
> Furthermore, a union will get you a grievance hearing to protect against unfair deactivations due to fake complaints.
> 
> ...


sorry I've been working as an independent contractor for years and YOU DONT get unemployment benefits

Collecting money if you are sick and quarantined for 14 days is not the same as being well and no one needs a ride. If you go to UI website and try to file a claim there may be something in. See if disasters but there is normally NOTHING

https://www.thebalancecareers.com/can-i-collect-unemployment-if-i-m-self-employed-2064148


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## uberdriverfornow (Jan 10, 2016)

Jennyma said:


> sorry I've been working as an independent contractor for years and YOU DONT get unemployment benefits


yes, you can

but nobody is forcing you to file


----------



## Jennyma (Jul 16, 2016)

uberdriverfornow said:


> yes, you can
> 
> but nobody is forcing you to file


What is wrong with you? There is disaster relief DUA and since this is a disaster it may apply. But under normal conditions NOTHING. Read the link.
I responded to a reason that being an employee could be more beneficial not under a state declared emergency. Everything is in that link.


----------



## uberdriverfornow (Jan 10, 2016)

Jennyma said:


> What is wrong with you? There is disaster relief DUA and since this is a disaster it may apply. But under normal conditions NOTHING. Read the link.
> I responded to a reason that being an employee could be more beneficial not under a state declared emergency. Everything is in that link.


You can file for unemployment for any contractor job. If it's determined that the business treated you like an employee then you get unemployment benefits. It has been proven time and time again.

In fact, in some states like CA, the EDD has rideshare driver specific forms for drivers to fill out.

And this has nothing to do with disaster relief.

You are free not to file when deactivated and Uber would be fine with that.



Jennyma said:


> What is wrong with you? There is disaster relief DUA and since this is a disaster it may apply. But under normal conditions NOTHING. Read the link.
> I responded to a reason that being an employee could be more beneficial not under a state declared emergency. Everything is in that link.


furthermore


__ https://twitter.com/i/web/status/1239398443530858496


----------



## UberAdrian (May 26, 2018)

I don’t know how they do things in trumpland but here in Canada you can voluntarily register and pay the government the relevant premium for employment insurance to get this benefit.


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## Jennyma (Jul 16, 2016)

I have a day job that is as an independent contractor and never have they allowed it. People have tried repeatedly. It just doesn't work. However with new AB5 will try again but I know from experience anything different is because it's a disaster. People been trying for a long time and you need an employer to be paying into it.



uberdriverfornow said:


> You can file for unemployment for any contractor job. If it's determined that the business treated you like an employee then you get unemployment benefits. It has been proven time and time again.
> 
> In fact, in some states like CA, the EDD has rideshare driver specific forms for drivers to fill out.
> 
> ...


but did you fill out a w4?


----------



## observer (Dec 11, 2014)

Jennyma said:


> I have a day job that is as an independent contractor and never have they allowed it. People have tried repeatedly. It just doesn't work. However with new AB5 will try again but I know from experience anything different is because it's a disaster. People been trying for a long time and you need an employer to be paying into it.


Uber does pay in to it. They have regular hourly and salaried employees.

If the state determines that Uber missclassified a driver they will pull money out of Ubers UI account.

If an employer does not have an account the state will first pay the employee, second go after the employer for the money.


----------



## Jennyma (Jul 16, 2016)

Isn’t that requiring a lawsuit. I read in the news we are suing Uber and lyft.
I’m talking about opening a claim today.


----------



## observer (Dec 11, 2014)

Jennyma said:


> I have a day job that is as an independent contractor and never have they allowed it. People have tried repeatedly. It just doesn't work. However with new AB5 will try again but I know from experience anything different is because it's a disaster. People been trying for a long time and you need an employer to be paying into it.
> 
> 
> but did you fill out a w4?


A W-4 is not needed to file for unemployment.



Jennyma said:


> Isn't that requiring a lawsuit. I read in the news we are suing Uber and lyft.
> I'm talking about opening a claim today.


No, you need to contact EDD and tell them you want to file for Unemployment.

I have seen a few drivers post info here where they were granted UI and that was BEFORE AB5.

Chances for drivers are stronger now.

https://www.google.com/amp/s/www.me...7/uber-driver-wins-unemployment-benefits/amp/


----------



## SHalester (Aug 25, 2019)

observer said:


> If the state determines that Uber missclassified a driver they will pull money out of Ubers UE account.


just a detail missing. If the above were to happen, Uber is given an opportunity to contest the claim. And they most likely will win since no judge or court has said RS drivers in calif are employees. 
and really, the possibility any driver would qualify for the max benefit of $450 per week, is not high.


----------



## observer (Dec 11, 2014)

SHalester said:


> just a detail missing. If the above were to happen, Uber is given an opportunity to contest the claim. And they most likely will win since no judge or court has said RS drivers in calif are employees.
> and really, the possibility any driver would qualify for the max benefit of $450 per week, is not high.


Uber will always contest the claim. That's Uber SOP.

Matter of fact most companies will contest UI since it raises their contributions.

It is up to EDD to determine wether a driver is an employee not Uber.

No, there is a good chance the driver will win especially since AB5.

450 in drivers pocket isn't chump change.


----------



## Jennyma (Jul 16, 2016)

observer said:


> A W-4 is not needed to file for unemployment.
> 
> 
> No, you need to contact EDD and tell them you want to file for Unemployment.
> ...


Have you done it? I've tried before AB5 as an independent contractor and have been denied. I've worked as an independent contractor for nearly a decade. I've tried and failed. Will try again but have you done so or are you just speaking from stuff you have heard?


----------



## SHalester (Aug 25, 2019)

observer said:


> 450 in drivers pocket isn't chump change.


that isn't what is paid. That is the max. for calif: *Determine* your WBA by *finding* the quarter with the highest wages earned. Divide the total wages earned in that quarter by 25, rounding to the nearest dollar. This will give you an approximation of your WBA. An example of a WBA would be $1,500/25, which is $60 for the WBA

How many drivers make $11k in a quarter? Another detail: you must prove you are looking for employment by providing applications.

and, finally, max weeks is 26.


----------



## observer (Dec 11, 2014)

Jennyma said:


> Have you done it? I've tried before AB5 as an independent contractor and have been denied. I've worked as an independent contractor for nearly a decade. I've tried and failed. Will try again but have you done so or are you just speaking from stuff you have heard?


There are some jobs that are true independent contractor jobs. You would have to have paid in to the fund yourself to recieve benefits.

No, I have not filed for UI as an Uber driver. I have filed after a layoff, was denied twice appealed three times and won over 9K on last appeal. Most people give up after first denial.



SHalester said:


> that isn't what is paid. That is the max. for calif: *Determine* your WBA by *finding* the quarter with the highest wages earned. Divide the total wages earned in that quarter by 25, rounding to the nearest dollar. This will give you an approximation of your WBA. An example of a WBA would be $1,500/25, which is $60 for the WBA
> 
> How many drivers make $11k in a quarter? Another detail: you must prove you are looking for employment by providing applications.
> 
> and, finally, max weeks is 26.


Hmmmm. This part did not post.

@SHalester is correct.

There may be a problem because many drivers only claim profits as income but since in California, drivers pay is free of business expenses, drivers should be able to claim all payments as income. The business expenses as an employee should have been payed by Uber not the driver.


----------



## SHalester (Aug 25, 2019)

and a few final thots. If you are fired, fired for cause, or you quit. No benefits. Period. 

bottom line: don't count on EDD for free money. Just the issue of applying for jobs would kill it for almost all who tried.

We ain't employees in calif yet. No judge, no court has forced Uber to do a thing along those lines.....yet.....


----------



## observer (Dec 11, 2014)

SHalester said:


> and a few final thots. If you are fired, fired for cause, or you quit. No benefits. Period.
> 
> bottom line: don't count on EDD for free money. Just the issue of applying for jobs would kill it for almost all who tried.
> 
> We ain't employees in calif yet. No judge, no court has forced Uber to do a thing along those lines.....yet.....


Not necessarily true.

You could quit because you aren't getting enough work, you can also appeal both a firing and a firing for cause and depending on circumstances still be eligible for UI.

The trick is to file for UI. Most likely you will be denied with a letter.

Appeal.

You will have a phone interview for second appeal. You may or may not be denied.

If you're denied a second time, Appeal again.

Third and final appeal will be before a live judge. You go in and state your case. You may or may not win.

Most people don't file because they think they aren't eligible. Those that do file, quit on the first denial.

It costs nothing more than a little time to keep appealing.

BTW, it's 26 weeks now but that could be increased like it was in '08. The way things are going, it may go that way.

Appeal.

Appeal.

Appeal.


----------



## uberdriverfornow (Jan 10, 2016)

Jennyma said:


> I have a day job that is as an independent contractor and never have they allowed it. People have tried repeatedly. It just doesn't work. However with new AB5 will try again but I know from experience anything different is because it's a disaster. People been trying for a long time and you need an employer to be paying into it.
> 
> 
> but did you fill out a w4?


it is not up to the employer to "allow" or "disallow" the filing of the claim nor does Uber get to deny claims



SHalester said:


> and a few final thots. If you are fired, fired for cause, or you quit. No benefits. Period.


100% wrong

according to you, no person in history has ever won UI benefits

i have never been laid off, only fired and quit.....and have won UI benefits every time

the burden of proof is on the employer to win


----------



## observer (Dec 11, 2014)

https://uberpeople.net/threads/upda...g-edd-unemployment-benefits-from-uber.259817/


----------



## uberdriverfornow (Jan 10, 2016)

observer said:


> https://uberpeople.net/threads/upda...g-edd-unemployment-benefits-from-uber.259817/


that can't be right, @SHalester said there were no benefits PERIOD and he/she's never been wrong before(actually, all the time)

and there are many other cases from this site


----------



## observer (Dec 11, 2014)

uberdriverfornow said:


> that can't be right, @SHalester said there were no benefits PERIOD and he/she's never been wrong before(actually, all the time)
> 
> and there are many other cases from this site


Yupp that's the most recent I could find. I believe there have been three different cases posted about on here.

I think the problem is most people only drive for a very short amount of time and then quit. Uber likes that.


----------



## uberdriverfornow (Jan 10, 2016)

observer said:


> Yupp that's the most recent I could find. I believe there have been three different cases posted about on here.
> 
> I think the problem is most people only drive for a very short amount of time and then quit. Uber likes that.


think of all the deactivations we've seen...i try telling them all to file...most probably don't and that's the purpose of paid shills like @SHalester , to save money for Uber by giving out false info


----------



## observer (Dec 11, 2014)

uberdriverfornow said:


> think of all the deactivations we've seen...i try telling them all to file...most probably don't and that's the purpose of paid shills like @SHalester , to save money for Uber by giving out false info


Could be false, could be an innocent mistake.

All we can do is offer up both sides and let drivers decide which is true.


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## Jennyma (Jul 16, 2016)

observer said:


> Uber will always contest the claim. That's Uber SOP.
> 
> Matter of fact most companies will contest UI since it raises their contributions.
> 
> ...


Oh that's not how it works. It's obvious you haven't had collected unemployment insurance before.


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## observer (Dec 11, 2014)

Jennyma said:


> Oh that's not how it works. It's obvious you haven't had collected unemployment insurance before.


You must not have read this part,

"I have filed after a layoff, was denied twice appealed three times and won over 9K on last appeal. Most people give up after first denial."


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## Wrb06wrx (Sep 20, 2017)

uberdriverfornow said:


> If a company can't stay in business because it's being looted by greedy executives that's the fault of greedy executives.
> 
> You act like union workers always make more than the executives that ran it into the ground.
> 
> ...


If you cannot profit because the labor cost to provide/ produce a product/service is too high you go out of business it has nothing to do with greedy executives that's what happend in the example I gave it was 20 years ago but it was a warehouse where the business was not designed to pay the employees high wages it was what was considered a dead end job from the jump I needed a job as i was young and had no experience so i took it and that's what happend. I'm not against unions but there are some jobs that aren't meant to be union. Like McDonald's cashiers shouldn't be union unless you wanna pay $35 for a happy meal. Follow me?
The job I was talking about was one of those jobs as is rideshare they need to raise the bar so their service can command a higher price and since the bar is higher they would be forced to pay higher wages as the requirements of the job make the labor pool smaller and the people in that labor pool command higher wages it's really simple if you bring it to basics. If you wrent allowed to use a car that's 15 years old it will cost more to operate hence fewer people will be able to buy any old p.o.s. off craigslist for $200 and sign up for uber.
That would limit the people who can afford the start up costs this increasing the quality of the experience of an uber which people in theory would be willing to pay a little more for think about it if you get an uber x it's cheaper than say an uber premium right? Cause on x you get some guy to pick you up in a 2005 kia that's probably held together with duck tape and bubblelicious.
Where as a premium you're getting into something it's what no older than 5 yrs old and has to be a somewhat luxury vehicle. Or am I completely out in left field talking through my ass?


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## SHalester (Aug 25, 2019)

uberdriverfornow said:


> paid shills like @SHalester


oh, I do the pretend 'shill' thing for free. NO pay required.

Show me a calif driver who defrauded the state by getting paid unemployment benefits. I"ll wait. Stuck in my home, so I got time.


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## observer (Dec 11, 2014)

SHalester said:


> oh, I do the pretend 'shill' thing for free. NO pay required.
> 
> Show me a calif driver who defrauded the state by getting paid unemployment benefits. I"ll wait. Stuck in my home, so I got time.


I'll help him out.

No California driver defrauded the state for unemployment benefits.

The state determined that Uber defrauded the employee for unemployment benefits.


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## SHalester (Aug 25, 2019)

observer said:


> The state determined that Uber defrauded the employee for unemployment benefits.


show me. More than a single driver. Show a group. AND all the details. Then I'll believe. Otherwise, we ain't employees and all uber has to do is contest. 
Nobody should get EDD benefits who haven't paid into the system. Period.


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## observer (Dec 11, 2014)

SHalester said:


> show me. More than a single driver. Show a group. AND all the details. Then I'll believe. Otherwise, we ain't employees and all uber has to do is contest.
> Nobody should get EDD benefits who haven't paid into the system. Period.


When the floodgates of claims are filed against the state. The state will go after Uber.

It is the EMPLOYERS responsibility to pay for unemoployment benefits.

Drivers don't owe a dime and should recieve unemployment benefits.


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## uberdriverfornow (Jan 10, 2016)

SHalester said:


> show me. More than a single driver. Show a group. AND all the details. Then I'll believe. Otherwise, we ain't employees and all uber has to do is contest.
> Nobody should get EDD benefits who haven't paid into the system. Period.


you were proven wrong yet again, own up to it for once


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## SHalester (Aug 25, 2019)

observer said:


> Drivers don't owe a dime and should recieve unemployment benefits.


nope. NO driver has been laid off. No driver's position has been lost. You don't get benefits if you were fired or you quit. That's the standard. Plus, and this is a big one, in calif we ain't employees. No judge, no court, no nothing has mandated uber to make us employees.

Certainly one could bring up 'well, there are fewer pings to accept' and Uber can show exactly how many pings a driver was sent and how many they declined. End of claim. PLus, how many drivers would actually go out and apply for jobs, which is required to get EDD benefits?

AND when (or if) some are made employees, they will not be happy when they discover being an employee is not the dream they had last night. Nuff said.



uberdriverfornow said:


> you were proven wrong yet again, own up to it for once


nope. YOu might want to view the calif EDD web site. Next.


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## observer (Dec 11, 2014)

SHalester said:


> nope. NO driver has been laid off. No driver's position has been lost. You don't get benefits if you were fired or you quit. That's the standard. Plus, and this is a big one, in calif we ain't employees. No judge, no court, no nothing has mandated uber to make us employees.
> 
> Certainly one could bring up 'well, there are fewer pings to accept' and Uber can show exactly how many pings a driver was sent and how many they declined. End of claim. PLus, how many drivers would actually go out and apply for jobs, which is required to get EDD benefits?
> 
> ...


https://news.bloomberglaw.com/daily...650-million-employment-tax-bill-in-new-jersey
http://laborpress.org/uber-drivers-must-be-covered-by-disability-unemployment/


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## SHalester (Aug 25, 2019)

somebody fell down and hit their head. California. Show me. Nice try, tho. Sidetrack to other side of the country.


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## observer (Dec 11, 2014)

https://www.nelp.org/news-releases/...mployment-insurance-contributions-ny-drivers/
Did you forget about AB5 already?

Lawmakers have denied Uber/Lyfts claim for an exemption multiple times.

Saying that Ubers drivers are employees.

All drivers that are recieving less work because of CV should file for unemployment.

Just like every other California employee.


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## Hopindrew (Jan 30, 2019)

EastBayRides said:


> Why in the world would anyone want to be classified as an employee? And why in the world would anyone want to pay union dues for the glory of being classified as an employee?


Because the pay is so poor and you have absolutely no rights as a worker the way things are now.


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## observer (Dec 11, 2014)

Jennyma said:


> sorry I've been working as an independent contractor for years and YOU DONT get unemployment benefits
> 
> Collecting money if you are sick and quarantined for 14 days is not the same as being well and no one needs a ride. If you go to UI website and try to file a claim there may be something in. See if disasters but there is normally NOTHING
> 
> https://www.thebalancecareers.com/can-i-collect-unemployment-if-i-m-self-employed-2064148


The article you posted is very, very general and should not be used as advice.

From the article.

"Eligibility varies from state to state,"

_"The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state's laws or the most recent changes to the law."_

https://www.edd.ca.gov/disability/Self-Employed.htm
*Independent Contractor or Employee Classification*
If you are a worker who believes that you are misclassified as an independent contractor or want to provide information on the business entity as a potential employment tax audit lead, submit a _Request for Preliminary Worker Classification Assessment or Audit Lead Referral_ (DE 230) (PDF) to the EDD.


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## uberdriverfornow (Jan 10, 2016)

observer said:


> https://www.nelp.org/news-releases/...mployment-insurance-contributions-ny-drivers/
> Did you forget about AB5 already?
> 
> Lawmakers have denied Uber/Lyfts claim for an exemption multiple times.
> ...


You can lead a horse to water(Shalester aka Shyster for short), but you can't make them drink it.

Nobody is that dense. He or she is clearly being paid to spout factually inaccurate information. Lying that much should be illegal.


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## Ambiguous (Jun 18, 2015)

TemptingFate said:


> The Uber model doesn't work if Uber has to pay a fair wage. That's what taxis do. Uber is only profitable by exploiting drivers at less than minimum wage and extracting value from drivers' car equity. If Uber has to compensate drivers fairly and provide employee benefits and protections, then Uber becomes a taxi company, riders will be charged accordingly, and the whole system collapses.


youre missing the part where ads go on top of the cars, that will help with profitability.


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## whatyoutalkinboutwillis (Jul 29, 2017)

uberdriverfornow said:


> After becoming an employee you will also be able to make the same 100 bucks.
> 
> You seem to be brainwashed into thinking you won't have a job if you become an employee.


I will probably get hired. I've been an employee of a ride-share company and it was the worse. They've been asking me to come back for years. The pay was great, but the aggravation was worse.



uberdriverfornow said:


> i couldn't care any less that you live in a right to work state nor does it matter to us in CA.


Finally the truth. You don't care about other drivers it's all about you. Perhaps if you cared, you'd listen to us. Until we work together we'll continue to have this issue. Instead of working hard to become employees, you should be working to get us unionized. We'd get the leverage you want with the independence others want.


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## uberdriverfornow (Jan 10, 2016)

whatyoutalkinboutwillis said:


> I will probably get hired. I've been an employee of a ride-share company and it was the worse. They've been asking me to come back for years. The pay was great, but the aggravation was worse.
> 
> Finally the truth. You don't care about other drivers it's all about you. Perhaps if you cared, you'd listen to us. Until we work together we'll continue to have this issue. Instead of working hard to become employees, you should be working to get us unionized. We'd get the leverage you want with the independence others want.


Ya, I don't care about other drivers which is why I'm here fighting shills like you by advocating for AB5, which gives worker rights to drivers that never had it before.

If I didn't care about other drivers, I would just bury my head in the sand like you while making the $20-$25 I currently make, instead of advocating for those drivers in the tougher parts of CA making minimum wage or less.


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## osii (Aug 21, 2014)

"Ya, I don't care about other drivers which is why I'm here fighting shills like you by advocating for AB5, which gives worker rights to drivers that never had it before."

The problem is Uber has always treated driver as employees. They want it both ways. Treat your drivers like employees but classify them as IC's.

Uber could have been just as profitable by charging the same as taxis and maybe not growing as exponentially as they have. But in the end it's all been invisible. When you charge the passenger nothing and get drivers and investors to subsidise this already low fare it's some kind of ponzi scheme. Travis sure knew when to get out.

Every driver on this board would be happy with a $2.30/mile plus time fare and a 70/30 split with uber. Essentially equal to whatever taxis were charging when Uber came in. Fine with giving them 30% for insurance, payment processing and leads.

The result would be people getting rides in great cars because people who work all day in their cars want to be in nicer cars and drivers could afford better cars.

It's nice to rant but I know it's like talking to a pile of poop.

Have a nice day and be safe. 

I'm in Turkey right now and may be stranded here until this crap blows over. Worse things can happen.

Peace


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## whatyoutalkinboutwillis (Jul 29, 2017)

uberdriverfornow said:


> Ya, I don't care about other drivers which is why I'm here fighting shills like you by advocating for AB5, which gives worker rights to drivers that never had it before.
> 
> If I didn't care about other drivers, I would just bury my head in the sand like you while making the $20-$25 I currently make, instead of advocating for those drivers in the tougher parts of CA making minimum wage or less.


No, you're advocating for yourself. We don't all live in CA and what you may accomplish won't help us. Therefore it's just about you. Even when other drivers point this out, you put your blinders on because it's all about you. Jeez. It would be nice if we all listened to each other without insults or putdowns and figured out a way to get better pay. Your way won't work here. I doubt it'll even work there.


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## KevinH (Jul 13, 2014)

whatyoutalkinboutwillis said:


> No, you're advocating for yourself. We don't all live in CA and what you may accomplish won't help us. Therefore it's just about you. Even when other drivers point this out, you put your blinders on because it's all about you. Jeez. It would be nice if we all listened to each other without insults or putdowns and figured out a way to get better pay. Your way won't work here. I doubt it'll even work there.


Two things to consider here:

1) Regulatory influence
AB5 certainly is a law that applies only to workers in California, but California has a long standing reputation for leading the country in developing standards that benefit the public. It was the first state to require vehicle seat belts, the first state to set smog standards for vehicles, etc.
California can also take credit for creating the very regulations for the rideshare business model. In 2014 the California Public Utilities Commission's phone rang off the hook from public agencies around the country with questions about insurance, safety, enforcement, etc. Those agencies looked to California for understanding how to apply technological advances to a longstanding industry.

So today, AB5 is influencing regulation and legislation in New Jersey, New York, Massachusetts, Connecticut, Washington State, and similar nationwide standards have been proposed in the US Congress.Similar court decisions in the UK and EU have referenced AB5.

2) Broad costs to society.
The societal impact of worker misclassification is front page news today because of Covid19. Drivers have no workers compensation, health benefits, sick days, etc. So this is not just about you as a driver, it is about taxpayers who have to cover the costs of drivers unable to support themselves during illness, cannot pay for an ambulance or personal injuries after an accident or pay their bills while disabled.
You may be willing to play russian roulette with your car and certainly hundreds of thousands of drivers across the country work every day for Uber/Lyft with no safety net. But this week, state and federal agencies now understand that they have to throw money at the independent contractors of the gig economy and that money comes from you and me.


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## uberdriverfornow (Jan 10, 2016)

whatyoutalkinboutwillis said:


> No, you're advocating for yourself. We don't all live in CA and what you may accomplish won't help us. Therefore it's just about you. Even when other drivers point this out, you put your blinders on because it's all about you. Jeez. It would be nice if we all listened to each other without insults or putdowns and figured out a way to get better pay. Your way won't work here. I doubt it'll even work there.


lol ya advocating for other drivers means it's all about me


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## whatyoutalkinboutwillis (Jul 29, 2017)

KevinH said:


> Two things to consider here:
> 
> 1) Regulatory influence
> AB5 certainly is a law that applies only to workers in California, but California has a long standing reputation for leading the country in developing standards that benefit the public.


That's true, but that's only one aspect of this. Not every state government follows California. Will a right to work state follow California's lead? If California seceded from the Union, it would be (if I'm not mistaken) the 5th largest economy in the world. Can you say the same thing about some of the other states? No. So it's selfish to not even consider how this will play out in other places.

The other aspect is that once we become employees, Uber is well within their rights to change how they do things. I've listed several ways for them to screw us over as employees. They have shown time and time again that they care very little for us. That's not going to change if we become employees. I guess it's a case of dealing with the devil you know. So we'll just agree to disagree.



uberdriverfornow said:


> lol ya advocating for other drivers means it's all about me


Umm...yeah. Not every driver lives in California. So your advocacy may have an adverse effect on those other drivers. Thinking that you're helping us, while not even considering that you might be hurting us is selfish. Jeez. I thought that was an easy concept to grasp. My bad.


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## uberdriverfornow (Jan 10, 2016)

whatyoutalkinboutwillis said:


> That's true, but that's only one aspect of this. Not every state government follows California. Will a right to work state follow California's lead? If California seceded from the Union, it would be (if I'm not mistaken) the 5th largest economy in the world. Can you say the same thing about some of the other states? No. So it's selfish to not even consider how this will play out in other places.
> 
> The other aspect is that once we become employees, Uber is well within their rights to change how they do things. I've listed several ways for them to screw us over as employees. They have shown time and time again that they care very little for us. That's not going to change if we become employees. I guess it's a case of dealing with the devil you know. So we'll just agree to disagree.
> 
> ...


What does Idaho have to do with me advocating for CA drivers where I live ?

And if other states don't follow CA then you should have nothing to worry about from these heinous driver protections I'm advocating for.


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## Wonkytonk (Jan 28, 2018)

SHalester said:


> and a few final thots. If you are fired, fired for cause, or you quit. No benefits. Period.


That is NOT accurate.

I was fired for cause for a company that attempted to make me engage in multiple daily felonies. I refused and almost six months to the day I filed a complaint with my company I was fired for cause. I applied for unemployment benefits and was granted them.

They tend to favor employees due to the immense imbalance of power between the employee and employer.

Every driver that's deactivated by Uber and Lyft should absolutely apply for unemployment benefits. They deactivate so frequently their payments will go through the roof which should help get them to stop deactivating on spurious ill or non investigated charges made by riders.



observer said:


> Not necessarily true.
> 
> You could quit because you aren't getting enough work, you can also appeal both a firing and a firing for cause and depending on circumstances still be eligible for UI.
> 
> ...


I was fired at fault and when I applied I was upfront and detailed with them and when they investigated they awarded me the benefits without having to even appeal. For drivers the trick would be to have a detailed explanation, and relevant facts on what absolutely makes you an employee of Uber's vs an independent contractor, which really shouldn't be that hard to do.


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## observer (Dec 11, 2014)

Drivers have Uber over a barrel at the moment and don't realize it.

If even 500 drivers claimed unemployment right now, that would light a fire under EDDs ass and they'd go after Uber.


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## uberdriverfornow (Jan 10, 2016)

observer said:


> Drivers have Uber over a barrel at the moment and don't realize it.
> 
> If even 500 drivers claimed unemployment right now, that would light a fire under EDDs ass and they'd go after Uber.


The state labor board has basically made it clear they will NOT sue Uber or Lyft on behalf of drivers under any circumstances.

Meanwhile I have seen them sue on behalf of numerous airport shuttle drivers, winning in ALL cases.


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## observer (Dec 11, 2014)

uberdriverfornow said:


> The state labor board has basically made it clear they will NOT sue Uber or Lyft on behalf of drivers under any circumstances.
> 
> Meanwhile I have seen them sue on behalf of numerous airport shuttle drivers, winning in ALL cases.


It's just a matter of time. AB5 makes it clear that drivers are employees.

Why do you think Uber set up this CV fund for drivers?

Out of the bottom of their hearts?

No, they set it up so THEY can control who gets the money.


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## SHalester (Aug 25, 2019)

Wonkytonk said:


> Every driver that's deactivated by Uber and Lyft should absolutely apply for unemployment benefits.


nope. certainly they can claim and they will be denied. They can 'certainly' appeal and they will lose that as well. Plus Uber or whomever can contest and that would be a loss too. 
But, they certainly can try. Go for it.


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## observer (Dec 11, 2014)

SHalester said:


> nope. certainly they can claim and they will be denied. They can 'certainly' appeal and they will lose that as well. Plus Uber or whomever can contest and that would be a loss too.
> But, they certainly can try. Go for it.


Not you again.

Nice try but, with AB 5 it is very unlikely drivers will be denied.

It takes ten minutes to apply and drivers have NOTHING to lose.

Even if it is denied the first time, they get two appeals. The third appeal is before a live judge if it gets to this point, which it most likely won't, this is your last and best chance.

Drivers don't have to pay Unemployment Insurance to be eligible. As the employer Uber is responsible for making the contributions and EDD will only go after Uber for payment.

ALL DRIVERS SHOULD APPLY FOR UNEMPLOYMENT BENEFITS, if Uber is slow.

Uber can contest but the decision is made by EDD not Uber.

For someone who was a manager for thirty years you sure do have a lot of faulty labor law knowledge.


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## observer (Dec 11, 2014)

Just found this,


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## KevinH (Jul 13, 2014)

In California, Uber has been granting unemployment benefits for several years. Deactivation from Uber and Lyft usually happens without a thorough investigation or application of workplace rules, so the State grants the benefits. Uber/Lyft can appeal the ruling and the result can stop them from being assessed but the benefits will remain.The EDD even created a custom Uber questionnaire


observer said:


> Just found this,
> 
> View attachment 432743
> View attachment 432744


OMG, where is the source for this? It is important. The Cal AG should use the injunctive powers AB5 gave him. I want to pass this along to interested parties


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## observer (Dec 11, 2014)

KevinH said:


> In California, Uber has been granting unemployment benefits for several years. Deactivation from Uber and Lyft usually happens without a thorough investigation or application of workplace rules, so the State grants the benefits. Uber/Lyft can appeal the ruling and the result can stop them from being assessed but the benefits will remain.The EDD even created a custom Uber questionnaire
> 
> OMG, where is the source for this? It is important. The Cal AG should use the injunctive powers AB5 gave him. I want to pass this along to interested parties


Lorena Gonzalez Twitter.


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## KevinH (Jul 13, 2014)

observer said:


> Lorena Gonzalez Twitter.


Just got it. Thanks


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## Polomarko (Dec 20, 2016)

observer said:


> In order to apply you must be diagnosed by a doctor. I've been reading that doctors are telling people to self isolate and not go to medical facilities unless it's life threatening. If that's true a doctor will never diagnose you.
> 
> As far as benefits for drivers classified as employees.
> 
> ...


Simply, APPLY, APPLY, APPLY


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## uberdriverfornow (Jan 10, 2016)

SHalester said:


> nope. certainly they can claim and they will be denied. They can 'certainly' appeal and they will lose that as well. Plus Uber or whomever can contest and that would be a loss too.
> But, they certainly can try. Go for it.


you are literally wrong on everything you say

but I guess when you get paid by Uber and Lyft to tweet wrong things you have incentive to do it


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