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Discussion Starter · #1 ·
I filed 7 weeks ago and am still in pending status. Noticed posts (particularly one from a person in CA ) claiming their success with EDD!!! Would so much appreciate info on the prolonged waiting. Wonder if the next step is the legal aid. My case seems to me so clear cut and possibly appropriate for class action... The essential question at this point however concerns the waiting required before EDD reaches their decision. Hope there is someone out there with some info. Thanks.
 

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Usually it is pretty quick. If you filed 7 weeks ago something is wrong. Is your past employer fighting it?
 

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Discussion Starter · #3 · (Edited)
Sorry, I was not clear. My employer: Uber Technologies :) In my state of NY their drivers are considered employees for some time now. As is the case with many full timers like myself (mostly 7 days/wk) after one and a half years of driving we drive the cars "to the ground". With our low income and high car maintenance the credit score gets bitting as well. At the final stage you hear from dealers and rental places: "we don't sell or rent to Uber drivers period ". Basically there is no way out and the pic below well illustrates the predicament. The blessing of being deactivated does not come easy to drivers with high ratings. Thanks for the reply though:)

Actually there is something to be added. If by some miracle I could get a car, I then would immediately be able to get back to work. Could in fact use the UI money for down payment required in my area to purchase or lease with low credit. DSS does not have "programs for cases such as this". lol. I still will have my Geico insurance for a few weeks, till the payment will come due.
 

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Sorry OP but you couldnt be any more wrong.

Youre an independent contractor, regardless of which part of the state you are from. The reason you havent received any unemployment is because you were never an employee.

Good Luck with that.
 

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Sorry OP but you couldnt be any more wrong.

Youre an independent contractor, regardless of which part of the state you are from. The reason you havent received any unemployment is because you were never an employee.

Good Luck with that.
This. I'm from NY, believe me OP, "Uber Technologies" is not your employer.

No rental company anywhere is going to rent a car knowing the purpose is for transporting people or goods for hire. It's in every rental agreement I've read. As far as dealerships selling cars, I can't think of any place that would care what you do with the vehicle you purchase...

It sounds like you're at a crossroads in life. I wish you the best of luck sincerely. If you want my unsolicited opinion- put together a really nice resume and start sending it out to as many places as you can.
 

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Discussion Starter · #7 ·
Thanks so mu
This. I'm from NY, believe me OP, "Uber Technologies" is not your employer.

No rental company anywhere is going to rent a car knowing the purpose is for transporting people or goods for hire. It's in every rental agreement I've read. As far as dealerships selling cars, I can't think of any place that would care what you do with the vehicle you purchase...

It sounds like you're at a crossroads in life. I wish you the best of luck sincerely. If you want my unsolicited opinion- put together a really nice resume and start sending it out to as many places as you can.
Thanks so much but I did just that, with a BS degree, experience and great references.... And no success thus far. I guess it is not easy to walk far from homeless shelter to an interview and make a good impression. Would post my last name so you could see my videos but I believe it would be considered advertising on my part... Greatfull for the nice reply though. Thanks. "Humans were born to survive" Things will change for many and soon, most likely.
 

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In my state of NY their drivers are considered employees for some time now.
Ok, that explains why you are not receiving UI. Your statement is incorrect, as you have heard from me and others living in NY. However, someone is probably giving you information that is confusing you.

It is correct that in 2018 the "New York Unemployment Insurance Appeals Board" issued a decision to 3 specific individuals that Uber Drivers are employees so they could receive UI. The board is not a court so it is not settled law. That decision is in appeal. Plenty of other agencies have supported Uber's position regarding IC.
 

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Discussion Starter · #9 ·
Wait what...??? You filed for unemployment after you drove your car to the ground? Interesting strategy...

Good luck, I guess...
Anyone for a class action in NYS and perhaps CA (where we ARE employed by Uber) or for that matter Drivers from the entire country, regardless the Uber employment status?

Ok, that explains why you are not receiving UI. Your statement is incorrect, as you have heard from me and others living in NY. However, someone is probably giving you information that is confusing you.

It is correct that in 2018 the "New York Unemployment Insurance Appeals Board" issued a decision to 3 specific individuals that Uber Drivers are employees so they could receive UI. The board is not a court so it is not settled law. That decision is in appeal. Plenty of other agencies have supported Uber's position regarding IC.
They withdrew the appeal.
 

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Sorry, I was not clear. My employer: Uber Technologies :smiles: In my state of NY their drivers are considered employees for some time now. As is the case with many full timers like myself (mostly 7 days/wk) after one and a half years of driving we drive the cars "to the ground". With our low income and high car maintenance the credit score gets bitting as well. At the final stage you hear from dealers and rental places: "we don't sell or rent to Uber drivers period ". Basically there is no way out and the pic below well illustrates the predicament. The blessing of being deactivated does not come easy to drivers with high ratings. Thanks for the reply though:smiles:

Actually there is something to be added. If by some miracle I could get a car, I then would immediately be able to get back to work. Could in fact use the UI money for down payment required in my area to purchase or lease with low credit. DSS does not have "programs for cases such as this". lol. I still will have my Geico insurance for a few weeks, till the payment will come due.
Did uber lay you off?
 

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Anyone for a class action in NYS and perhaps CA (where we ARE employed by Uber) or for that matter Drivers from the entire country, regardless the Uber employment status?


They withdrew the appeal.
Again, you are missing the point of the discussion....Were Not Employed By Uber.

As for your class action lawsuit, good luck with that as well.
 

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FYI Jadwiga
If we are employed by Uber we would of completed a W4 form and Uber would withhold income tax.
I am in Upstate NY and did not have to do that.
They would also be setting our work hours and have to pay us minimum wage.

Because of these and some other things we are not employees of Uber.
 

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I didn’t think any Uber drivers were employees. I hope for your sake I’m wrong

So let’s assume you are (were an employee). I don’t think you can collect unemployment if you quit or were fired for cause. As you said, if you had a car you could go back to work tomorrow. You don’t so you can’t; but that’s not Ubers concern

It’s easy for me to say, and I know it’s hard for you to hear but you should have been saving a portion of your income so that you would have enough money to buy another car when the the old one crapped out

I think the day will come when the drivers without the ability to buy a new car when the old one wears out will be forced out. As they say only the strong will survive

Good luck
 

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I don't think you can collect unemployment if you quit or were fired for cause.
This is why I asked my question. Sounded like she either quit or couldn't drive anymore because her car crapped out on her. Even if she was an employee, she wouldnt qualify for unemployment.
 

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This is why I asked my question. Sounded like she either quit or couldn't drive anymore because her car crapped out on her. Even if she was an employee, she wouldnt qualify for unemployment.
And that's why I asked similar question already on Thursday, but she never responded to it. But reading between the lines, that seems to be the case.
 

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And that's why I asked similar question already on Thursday, but she never responded to it. But reading between the lines, that seems to be the case.
It's possible that as far as unemployment benefit goes, the definition is different. Or that it hasn't been completely decided one way or the other. I might be wrong, but I seem to remember @SuzeCB mentioning something about ex drivers somewhere successfully getting unemployment.
 

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It's possible that as far as unemployment benefit goes, the definition is different. Or that it hasn't been completely decided one way or the other. I might be wrong, but I seem to remember @SuzeCB mentioning something about ex drivers somewhere successfully getting unemployment.
California.

I don't know how it works in other states. This much, I do know.

I once worked in a small, single attorney law office. Eventually, I was let go, as the attorney's license was suspended (and later revoked entirely), and I went to work at another law office. Business dropped there, and being the junior secretary, I was laid off.

I applied for UI. I received my notice that I qualified for it, as I had enough time in over the previous 12 months, and that the amount I would be paid would cone under separate cover.

When it came, the amount was $0. This was because the quarter used to determine my amount was when I worked for the small office, and he was under no obligation to withhold my share and pay it to the state, nor pay the employer share, because the business was so small, with only 2 employees and less than whatever in payroll. There was no way to appeal this (I tried), as it was entirely in compliance with NJ law.

Uber is much larger than that office, but I think there would be more than one hurdle to get past before even dealing with whether or not they should have withheld & paid... several years worth, maybe even a decade.

JMO & experience. YMMV.
 
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