# UNEMPLOYMENT insurance GRANTED after unfair DEACTIVATION!



## Qbobo (Nov 21, 2017)

Sooo, previously I posted a topic about my account being unfairly deactivated because of false complaints by evil passengers of driving in a different vehicle other than the vehicle on my dashboard....Angry I applied for unemployment insurance through EDD and guest what!!!............Thanks to Uber's controlling nature, edd auditors are beginning to view Uber drivers as employees rather than personal contractors. On April 24th an EDD Auditor determined that I had an employee/employer relationship with uber and allowed submitted wages on my behalf. After the approval I called EDD to follow up on the auditors decision and the rep was shocked and dismayed that compensation was granted and explained to me that they have only seen this in rare cases. Should be receving $400-$450 per week. I'm writing this to inform FORMER DRIVERS who were unfairly deactivated to SEEK COMPENSATION for your troubles and do not think you cant get it!!!!


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## Kodyhead (May 26, 2015)

Idk anything about unemployment but I have several friends who got it and have to pay most of it back years later with interest of course


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## 1.5xorbust (Nov 22, 2017)

If this is true we may see a sudden dramatic increase in the number of U/L drivers being deactivated.


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## Qbobo (Nov 21, 2017)

1.5xorbust said:


> If this is true we may see a sudden dramatic increase in the number of U/L drivers being deactivated.


Evidently they've been doing it alot anyways. I think my situation was brought on because of a rape incident that recently happened. A female passenger was waiting for her rideshare driver (cant remember which company) , a different car shows up. Rather than confirming the license plate, she jumps in and gets raped by the driver. Shit like this is why I think my account got deactivated even though the complaints were false. But honestly they've been deactivating ppl for stupider reasons for years.


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## Pax Collector (Feb 18, 2018)

Qbobo said:


> the rep was shocked and dismayed that compensation was granted and explained to me that they have only seen this in rare cases


I don't know if that could be a red flag or not.


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## Qbobo (Nov 21, 2017)

Pax Collector said:


> I don't know if that could be a red flag or not.


What do u mean?


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## Pax Collector (Feb 18, 2018)

Qbobo said:


> What do u mean?


Maybe someone made a mistake in the decision making process and EDD might come knocking for their money back?


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## Qbobo (Nov 21, 2017)

No, they cant do that once the decision has been made by the auditors. I looked at auditors guidelines and my relationship with uber does meet employee/employer qualifications.


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## Pax Collector (Feb 18, 2018)

Thanks for sharing this. I know many drivers that could use the unemployment money and I'll be spreading the word.


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## observer (Dec 11, 2014)

Qbobo said:


> Sooo, previously I posted a topic about my account being unfairly deactivated because of false complaints by evil passengers of driving in a different vehicle other than the vehicle on my dashboard....Angry I applied for unemployment insurance through EDD and guest what!!!............Thanks to Uber's controlling nature, edd auditors are beginning to view Uber drivers as employees rather than personal contractors. On April 24th an EDD Auditor determined that I had an employee/employer relationship with uber and allowed submitted wages on my behalf. After the approval I called EDD to follow up on the auditors decision and the rep was shocked and dismayed that compensation was granted and explained to me that they have only seen this in rare cases. Should be receving $400-$450 per week. I'm writing this to inform FORMER DRIVERS who were unfairly deactivated to SEEK COMPENSATION for your troubles and do not think you cant get it!!!!


Congrats!

Keep us updated please. The more drivers know about this the more they know they can win it.


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## Woohaa (Jan 15, 2017)

good story. is there a deadline on the time from being deactivated and filing a claim?


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## SEAL Team 5 (Dec 19, 2015)

Qbobo said:


> No, they cant do that once the decision has been made by the auditors. I looked at auditors guidelines and my relationship with uber does meet employee/employer qualifications.


Is this in CA?


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## OrlUberOffDriver (Oct 27, 2014)

It seem that this case will hold water!
Even if FUber did not pay the required taxes.

http://www.edd.ca.gov/pdf_pub_ctr/de231te.pdf



Qbobo said:


> Sooo, previously I posted a topic about my account being unfairly deactivated because of false complaints by evil passengers of driving in a different vehicle other than the vehicle on my dashboard....Angry I applied for unemployment insurance through EDD and guest what!!!............Thanks to Uber's controlling nature, edd auditors are beginning to view Uber drivers as employees rather than personal contractors. On April 24th an EDD Auditor determined that I had an employee/employer relationship with uber and allowed submitted wages on my behalf. After the approval I called EDD to follow up on the auditors decision and the rep was shocked and dismayed that compensation was granted and explained to me that they have only seen this in rare cases. Should be receving $400-$450 per week. I'm writing this to inform FORMER DRIVERS who were unfairly deactivated to SEEK COMPENSATION for your troubles and do not think you cant get it!!!!


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## Qbobo (Nov 21, 2017)

SEAL Team 5 said:


> Is this in CA?


Yes



observer said:


> Congrats!
> 
> Keep us updated please. The more drivers know about this the more they know they can win it.


Thanks will do


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## jester121 (Sep 6, 2016)

Qbobo said:


> No, they cant do that once the decision has been made by the auditors.


Heh.... just wait.


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## Qbobo (Nov 21, 2017)

jester121 said:


> Heh.... just wait.


You could be right...Especially if organised gang stalking is involved and somehow sabotages. Like how they got my uber account deactivated. Truth is, governement owes me money for their medical and financial attacks on me and on countless other innocent ppl they ILLEGALLY target. They will reap what they've sown, just wait!


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## Sl0re10 (May 7, 2018)

jester121 said:


> Heh.... just wait.


This is the people's republic of California. The state will make them pay it.


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## Uber's Guber (Oct 22, 2017)

B.S.
Claims can't be levied against a company that wasn't required to provide unemployment insurance.


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## Qbobo (Nov 21, 2017)

Woohaa said:


> good story. is there a deadline on the time from being deactivated and filing a claim?


Oct 2016-present you can recieve benefits for this time period. When did you get fired and how long were u with uber for?



Uber's Guber said:


> B.S.
> Claims can't be levied against a company that wasn't required to provide unemployment insurance.


Yes however, if tax auditors research your case and determined that you had an employee/employer type relationship (by their guidlines) with any self-employment company they will pay into wages for you.


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## Woohaa (Jan 15, 2017)

Qbobo said:


> Oct 2016-present you can recieve benefits for this time period. When did you get fired and how long were u with uber for?


Wasn't fired. Just asking for general knowledge. Didn't know people could get unemployment benefits from either Uber or Lyft.


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## observer (Dec 11, 2014)

Uber's Guber said:


> B.S.
> Claims can't be levied against a company that wasn't required to provide unemployment insurance.


Uber doesn't get to decide wether it is required to provide unemployment insurance. If that were the case, no company would willingly provide it.

It looks like in this case EDD decided Uber is required to provide UE insurance.


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## Qbobo (Nov 21, 2017)

SEAL Team 5 said:


> Is this in CA?


Yes


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## Jadwiga Basecki (Sep 6, 2017)

Qbobo said:


> Yes


How long did you wait for the EDD decision after filing? I filed on May 2nd in NY and my case is still in "pending status". Totally desperate. Evicted etc. No joke. All started with dishonest mechanic who ruined my car.... Was not deactivated though... Would appreciate more info.


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## Uber's Guber (Oct 22, 2017)

Jadwiga Basecki said:


> How long did you wait for the EDD decision after filing? I filed on May 2nd in NY and my case is still in "pending status". Totally desperate. Evicted etc. No joke. All started with dishonest mechanic who ruined my car.... Was not deactivated though... Would appreciate more info.


You won't collect for being an Uber driver (independent contractor). If you had a previous real job working for a previous real employer who was required to pay unemployment insurance, and those past quarters had not yet elapsed, you will be able to draw from those previous quarters. No Uber driver has ever received unemployment benefits for being an Uber driver, and if they qualified for any benefits at all it was from a recent previous job they held.


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## Jadwiga Basecki (Sep 6, 2017)

In NYS Uber Drivers are considered to be employed (like in CA where Obobo is from) and apparently we are entitled to receive UI under specific conditions (which I checked include my situation). I believe by law I should receive a decision by now. Trying to see if there are others like me out there in similar predicament.

Sorry, Qbobo not Obobo.  He posted before he received UI in CA.

Here is Qbobo's post from April 26:
"Sooo, previously I posted a topic about my account being unfairly deactivated because of false complaints by evil passengers of driving in a different vehicle other than the vehicle on my dashboard....Angry I applied for unemployment insurance through EDD and guest what!!!............Thanks to Uber's controlling nature, edd auditors are beginning to view Uber drivers as employees rather than personal contractors. On April 24th an EDD Auditor determined that I had an employee/employer relationship with uber and allowed submitted wages on my behalf. After the approval I called EDD to follow up on the auditors decision and the rep was shocked and dismayed that compensation was granted and explained to me that they have only seen this in rare cases. Should be receving $400-$450 per week. I'm writing this to inform FORMER DRIVERS who were unfairly deactivated to SEEK COMPENSATION for your troubles and do not think you cant get it!!!!"


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## Uber's Guber (Oct 22, 2017)

Jadwiga Basecki said:


> apparently we are entitled to receive UI under specific conditions (which I checked include my situation).


If it was true that Uber was responsible for paying unemployment insurance, you will be denied in your case because you stated that you were "not deactivated" but were unable to drive because a "dishonest mechanic" ruined your car. You're inability to provide a car to make earnings for yourself is not Uber's liability.


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## mbd (Aug 27, 2018)

If you are going to quit, let one of your friends order Uber, and let him do a fake 
Accusation, and you will get deactivated.


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## Jadwiga Basecki (Sep 6, 2017)

mbd said:


> If you are going to quit, let one of your friends order Uber, and let him do a fake
> Accusation, and you will get deactivated.


How could I possibly do it without a car or a way to get a car? My wages could not sustain repairs or car payments (by now).


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## BigJohn (Jan 27, 2016)

Jadwiga Basecki said:


> How long did you wait for the EDD decision after filing? I filed on May 2nd in NY and my case is still in "pending status". Totally desperate. Evicted etc. No joke. All started with dishonest mechanic who ruined my car.... Was not deactivated though... Would appreciate more info.


If the problems are truly caused by a third part, then that third party (dishonest mechanic) is who would be responsible for paying damages.

You need to get a lawyer on this, not a forum.


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## Jadwiga Basecki (Sep 6, 2017)

BigJohn said:


> If the problems are truly caused by a third part, then that third party (dishonest mechanic) is who would be responsible for paying damages.
> 
> You need to get a lawyer on this, not a forum.


Yes, the way I presented my situation in that post it definitely appears the mechanic stands out as a major cause of my misfortune. However that was just a beginning of a domino effect at best. I actually recovered from that one before another expense appeared . That mechanic is just an emotional memory like some of the difficult riders we all experience and remember. The more general and accurate picture is that of being unable to maintain a car with my minimum NET wages at hand. This is the common problem among Uber drivers. Why would I even apply for UI if I had a car and could go back to work? I would much rather work. Have all docs needed but a car. Your suggestion however is GOOD. I likely do need a legal council. Though still hope that some drivers out there may agree with the idea of class action.


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## DriverZer0 (Mar 17, 2017)

I was awarded unemployment benefits from Uber as a driver back in 2015. I made the case that Uber’s decreasing prices and increasing control over my actions were tantamount to a demotion. I’d gone from making $50/hr (granted, working Friday/Saturday prime time late nights) down to $10/hr before expenses. 

I can’t say more, but drivers should consider looking into ALL resources available to them, esp at the State level in places like CA and NY who are friendly to labor. Appeal. Appeal. Appeal.


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## Jadwiga Basecki (Sep 6, 2017)

Thank you Driver ZerO. This is so informative and encouraging!


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## Ssgcraig (Jul 8, 2015)

So, when OP submitted his claim, how much did he claim he made for Uber? I know so many people on here claim make less than min wage. 400-500 a week unemployment is minimum wage? Or was this another one that makes $50 an hour in CA? Each state is different I know, I think MA caps at around $750 a week.


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## U/L guy (May 28, 2019)

Qbobo said:


> No, they cant do that once the decision has been made by the auditors. I looked at auditors guidelines and my relationship with uber does meet employee/employer qualifications.


Just because auditors approved this claim doesn't mean they can't claw back those payments,even years later. It happened to me a few years ago.


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## observer (Dec 11, 2014)

U/L guy said:


> Just because auditors approved this claim doesn't mean they can't claw back those payments,even years later. It happened to me a few years ago.


True but it doesn't mean they will either.

If AB5 Passes, there isn't much chance at all it will be clawed back.

If anything, it will open Uber up to paying the state and drivers for any UE claims from previous years.


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## Jadwiga Basecki (Sep 6, 2017)

Ssgcraig said:


> So, when OP submitted his claim, how much did he claim he made for Uber? I know so many people on here claim make less than min wage. 400-500 a week unemployment is minimum wage? Or was this another one that makes $50 an hour in CA? Each state is different I know, I think MA caps at around $750 a week.


Very accurate observation. There are indeed points to be made as far as the uncomfortable truth for both; Uber and their drivers:
1 - uniquely large difference btw gross and net which likely varies with vehicles and circumstances
2 - there is no protection for full timers who after long service and required maintenance do "run their cars to the ground" and are left zero options. Uber answered my requests for help with "sorry we have no vehicle programs available in your state". 
3. There is no rideshare insurance that to date provides vehicles for the transitional period like mine.
The above point seems to suggest that driving your own and only car for living full time "ridesharing" is a dangerous option and there should be warnings provided by companies such as Uber to this effect.


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## Ssgcraig (Jul 8, 2015)

Jadwiga Basecki said:


> Very accurate observation. There are indeed points to be made as far as the uncomfortable truth for both; Uber and their drivers:
> 1 - uniquely large difference btw gross and net which likely varies with vehicles and circumstances
> 2 - there is no protection for full timers who after long service and required maintenance do "run their cars to the ground" and are left zero options. Uber answered my requests for help with "sorry we have no vehicle programs available in your state".
> 3. There is no rideshare insurance that to date provides vehicles for the transitional period like mine.
> The above point seems to suggest that driving your own and only car for living full time "ridesharing" is a dangerous option and there should be warnings provided by companies such as Uber to this effect.


Self responsibility.

Warning for McDonalds: You lose dignity, may get fat
Warning for Military: You may die
Warning for Politician: You may sell your soul
All jobs have some risk, not knowing that you are going to run your car into the ground should be self evident.


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## Jadwiga Basecki (Sep 6, 2017)

Ssgcraig said:


> Self responsibility.
> 
> Warning for McDonalds: You lose dignity, may get fat
> Warning for Military: You may die
> ...


Self responsibility may apply to your examples but in the Uber case it is False Advertising.



Jadwiga Basecki said:


> Self responsibility may apply to your examples but in the Uber case it is False Advertising.


Failure to disclose i.e. warnings on cigarettes and other poisons which if used are costly & affect health as well.


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## Ssgcraig (Jul 8, 2015)

Jadwiga Basecki said:


> Self responsibility may apply to your examples but in the Uber case it is False Advertising.
> 
> 
> Failure to disclose i.e. warnings on cigarettes and other poisons which if used are costly & affect health as well.


No, the job is not jeopardizing your health, just your car. What person does not understand that driving your car for a living will put miles on it?

Warning:

Driving for Uber will put miles on your car.


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## Jadwiga Basecki (Sep 6, 2017)

Ssgcraig said:


> No, the job is not jeopardizing your health, just your car. What person does not understand that driving your car for a living will put miles on it?
> 
> Warning:
> 
> Driving for Uber will put miles on your car.


You are selectively omitting facts. Why then there are warning labels even in existence and the false advertising is agains the law? No, the average citizen is NOT aware of the plethora of unfair consequences in this case. I guess it would be for a jury to decide here who is wrong? ?


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## Ssgcraig (Jul 8, 2015)

Jadwiga Basecki said:


> You are selectively omitting facts. Why then there are warning labels even in existence and the false advertising is agains the law? No, the average citizen is NOT aware of the plethora of unfair consequences in this case. I guess it would be for a jury to decide here who is wrong? ?


Warning: Driving for Uber may put miles on your car.

Warning: Having sex may lead to a child being born.

Seriously? Time for us to grow up and have some self responsibility.


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## Jadwiga Basecki (Sep 6, 2017)

Time for Uber to grow up and have some self responsibility.


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## RodB (Jun 17, 2019)

Wow...coffee is hot, ice is slick, you have to step up to go up stairs...where does it end?

I am going to sue Chevy because they never told me after driving my car for years it would have wear and tear and need replaced.


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## Jadwiga Basecki (Sep 6, 2017)

RodB said:


> Wow...coffee is hot, ice is slick, you have to step up to go up stairs...where does it end?
> 
> I am going to sue Chevy because they never told me after driving my car for years it would have wear and tear and need replaced.


I suppose some ppl just refuse to face the truth and do not read entire posts before responding. Why would I want to spend time on silly and leading nowhere discussion? I wish Uber the best but hope they are able to improve where improvement is due.


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## Seamus (Jun 21, 2018)

Uber's Guber said:


> You won't collect for being an Uber driver (independent contractor). If you had a previous real job working for a previous real employer who was required to pay unemployment insurance, and those past quarters had not yet elapsed, you will be able to draw from those previous quarters. No Uber driver has ever received unemployment benefits for being an Uber driver, and if they qualified for any benefits at all it was from a recent previous job they held.


Believe it or not, last year the "NY State Unemployment Insurance Appeals Board" found that 3 NYC drivers who filed for unemployment can collect. The board ruled that "for the purposes of unemployment" Uber Drivers are considered employees "Under certain Conditions". Uber was ordered to start paying unemployment insurance for drivers. Even ordered to pay retroactively to a pre determined date in the past. Uber immediately appeal. Last Month (May 2019) Uber dropped their appeal so it is now established law in NY. The state dept of labor is reviewing now. It will be interesting to see what becomes of it.


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## TomTheAnt (Jan 1, 2019)

Hold on... You are going to apply for unemployment due to you not being able to afford your vehicle repairs? Wow...

I wish you all the best, but man that’s some interesting claim.


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## Michael1230nj (Jun 23, 2017)

I suspect there will be Workers Comp claims also. This industry is New it will take sometime for the dust to settle.


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## BigJohn (Jan 27, 2016)

Jadwiga Basecki said:


> You are selectively omitting facts. Why then there are warning labels even in existence and the false advertising is agains the law? No, the average citizen is NOT aware of the plethora of unfair consequences in this case. I guess it would be for a jury to decide here who is wrong? ?


It is the absolute DUTY and RESPONSIBILITY of each and every person to know and understand the details and circumstances around each decision they make.


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## Ubermcbc (Sep 25, 2016)

Pax Collector said:


> Thanks for sharing this. I know many drivers that could use the unemployment money and I'll be spreading the word.


Use the loudest microphone / speaker on the roof of your vehicle / billboard sign etc.


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## DriverZer0 (Mar 17, 2017)

U/L guy said:


> Just because auditors approved this claim doesn't mean they can't claw back those payments,even years later. It happened to me a few years ago.


It's been almost 5 years. Something tells me I'm in the clear.....



BigJohn said:


> It is the absolute DUTY and RESPONSIBILITY of each and every person to know and understand the details and circumstances around each decision they make.


Correct. But if Uber advertised the job one way when a driver signed up, then changed the rules arbitrarily to more of an employee/employer relationship rather than an Independent Contractor relationship, one could make the case, then, that they became an employee of Uber, even if involuntarily.


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## Asificarewhatyoudontthink (Jul 6, 2017)

Qbobo said:


> Sooo, previously I posted a topic about my account being unfairly deactivated because of false complaints by evil passengers of driving in a different vehicle other than the vehicle on my dashboard....Angry I applied for unemployment insurance through EDD and guest what!!!............Thanks to Uber's controlling nature, edd auditors are beginning to view Uber drivers as employees rather than personal contractors. On April 24th an EDD Auditor determined that I had an employee/employer relationship with uber and allowed submitted wages on my behalf. After the approval I called EDD to follow up on the auditors decision and the rep was shocked and dismayed that compensation was granted and explained to me that they have only seen this in rare cases. Should be receving $400-$450 per week. I'm writing this to inform FORMER DRIVERS who were unfairly deactivated to SEEK COMPENSATION for your troubles and do not think you cant get it!!!!


Make sure to put that money in the bank...because they will take it all back when UE catches it...

Oh, and driving for any other services including delivery while collecting UE is fraud. An offense you should get jail time for.


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## DriverZer0 (Mar 17, 2017)

Asificarewhatyoudontthink said:


> Make sure to put that money in the bank...because they will take it all back when UE catches it...
> 
> Oh, and driving for any other services including delivery while collecting UE is fraud. An offense you should get jail time for.


They won't. I received my award 5 years ago, for thousands of dollars, and I've had no clawback. I committed no fraud.I was initially denied benefits, I appealed, filled out a survey detailing the nature of my relationship with Uber, and won unemployment......not only going forward, but retroactively from the time I filed.


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