Response to the Verge: California judges ask juries to decide the future of Uber and Lyft The test for determination of Employee vs. Independent Contractor fails to ask two questions. 1) Is the Contractor adequately compensated to do the job. Adequately compensated should mean is the contractor paid enough to meet the regular expenses of the job plus have the ability to pay himself fair market value for the work performed. 2) Are special needs for the job compensated for. By this I mean does the employer compensate adequately for things such as commercial insurance or provide adequate insurance for the job. Uber has failed in both of these questions.
Another determination should require length of contract. Uber hired drivers with the claim that drivers were able to make 5k per month. This in itself is a lie as it claimed drivers were able to make that much money when in actuality Uber drivers were able to make that amount in fares which is two significantly different values, but not my point. Uber hired drivers with the claim of 5k per month earnings and drivers signed on, some purchased new cars, some left existing jobs and signed to drive with Uber. One month or so later Uber changed the contract. Contract length should be a determination as well as if there is any form of negotiation involved in the new contract. My point, Uber should have been responsible to the original contract for at least one year from the date of signing. Any modification to the contract should have required actual negotiation of the contract between the drivers and Uber. Instead Uber pushed contract approval through the smart phone to the driver accompanied by a Uber application update which allowed the contract change to be approved as the driver never realized he was approving the contract, but the application update. Drivers went for weeks without the realization that they had signed the contract approval because of this intentional confusion. Drivers that asked for contract negotiation were promptly denied. There is a lot of less than ethical conduct by Uber, including the use of a rating system that allows Uber competitors, drunks, drug users, and anybody that may be having a bad day to cause you to get terminated. Uber drivers being terminated for saying true issues relative to working with Uber continues, Uber is just hiding it by trying to claim drivers ratings are falling. My driver ratings even when giving known riders that rate me a solid 5 star rating are on a gradual decline by Ubers claims, since I started trying to get drivers to ubify under a drivers association to provide driver representation. My current expectation before Uber termination is only a few weeks more from today.
Response to FORBES: Juries To Decide Landmark Cases Against Uber and Lyft Although I can not speak for the other drivers working the ride-hail industry, I really do not like the thought of working as an Uber Employee. The facts are that Uber has gone out of it’s way to treat their only income producing group very poorly. Uber has used trickery to modify existing contracts that should have been followed for at least a period of one year. Uber uses a rating system that allows competitors, drunks, drug users, and anyone having a bad day to cause your termination. And, Uber still takes action against those that speak out against them even if their speak is true. I love the idea of Uber, I enjoy the work, I enjoy the people I transport, and the whole concept serves a very much needed need. But for Uber to abuse the relationship of the Independent Contractor in the many ways that they have simply is not good business for either Uber or the drivers. So, somebody has to address these issues. It would have been much easier were Uber to care for the drivers, but in Travis Kalanick’s own words “Drivers are nothing more than a commodity.” Sorry but no! Drivers are the only income producers in Uber Technologies workforce.