Palm Beach County Uber Driver Claims Company Lied About “Employment” Status. Suing For $2M. “Emotional Distress.”
WHAT DO YOU THINK ABOUT THE LAWSUIT?
BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — A Palm Bach County Uber driver is suing the company for more than $2M, claiming that Uber lied to him about his employment status and earning potential, all while violating Florida law. Michale Fekete of West Palm Beach filed the suit in Palm Beach County Circuit Court.
Uber drivers, who choose to drive in their own vehicles for the App-based “ride share” service have made similar arguments and even attempted to unionize — often to the shrugged shoulders of Uber (and other RideShare) management. The Ride Share companies generally state that drivers are independent contractors, know this when they agree to drive, and can choose to drive or not to drive at any time.
From Fekete’s lawsuit:
Plaintiff entered into a contract with Defendant to provide transportation services as an Uber driver. Defendant breached the contract by failing to: Pay Plaintiff the agreed-upon fare; Provide Plaintiff with a safe work environment; Classify Plaintiff as an employee rather than an independent contractor; Defendant engaged in unfair business practices by: a. Misrepresenting the terms of the contract.; Charging hidden fees; Manipulating the market to drive down fares; Defendant violated Florida labor laws by: Failing to pay Plaintiff overtime wages in violation of the Fair Labor Standards Act (FLSA), 29 U. S. C. § 201 et seq; Failing to provide Plaintiff with workers’ compensation insurance in violation of Florida Statutes Chapter 440;
Retaliating against Plaintiff for reporting violations in violation of the Florida Whistleblower Act, Fla. Stat. § 448.102; The potential earnings of Uber drivers; The costs associated with being an Uber driver. The safety of the Uber platform; Defendant violated the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) by: a. Engaging in deceptive and misleading advertising in violation of Fla. Stat. § 501.204; Failing to disclose material facts about the Uber business model; Causing Plaintiff to suffer economic and emotional harm;
Plaintiff has suffered a consistent loss of money on every trip completed as an Uber driver due to the misleading and deceptive practices of the Defendant, amounting to a complete lack of profitability; Plaintiff has suffered emotional distress due to Defendant’s deceptive practices, including anxiety, stress, and loss of sleep, which have further impacted Plaintiff’s ability to work and maintain personal well-being.
Uber has not yet responded to the suit which seeks $2M in “compensatory damages,” punitive damages, damages for emotional distress, and more. What do you think about Fekete’s lawsuit against Uber? Should drivers be treated as employees or independent contractors — as they are allowed to start and stop work at-will? Share your thoughts, below.
Reshare drivers can not advertise there services in
hard bound media
Telephone books
Post cards
Business cards
Newspapers
Social media platforms
Email campaigns
They do not negotiate fees withdrawn from each ride
They can’t be hailed over like taxies by customers.
Their hindered, restricted and limited by Uber/Lyft ride assignments
Their rated by riders and can not dispute the rating or change their rating of passengers to match rider rating of driver
Uber/lyft produces 1099 not the drivers
Drivers are required to have vehicle insurance; however, Uber/Lyft do not honer their insurance deductible and force drivers to pay a much higher deductible.
Drivers apply to drive they do not negotiate terms to drive
Uber)Lyft dictates what fees they take from each ride.
Uber/lyft rates drivers
acceptance of rides
Cancellation of rides
Uber/Lyft expect drivers to travel long distances to puck up passengers for short trips and do not pay drivers for overall time/distance to pickup/dropoff passenger
Fare/yields for drivers are much lower then taxies drivers
If rideshare forms a union I’ll be the first to throw my hat in as a union leader.
Master G
http://www.HawaiiEliteTKD.com
I would like to sue Uber but unfair deactivation they never called me or asked me what happened they always believe the writer never believed the driver. This is unfair to every driver. Get riders that misbehave that do unfair things that were not allowed to do anything about it. I’m sure this other drivers like me out there that would love to sue Uber for this. It’s unfair business practice.
I taught the same I been driving for Uber since 2019 . Since then they have treated me the same. At one point they have suspended me over my rating and want me to spend 50$ to take a 4×4 course. They say after completion of the course. It will reset all my rating back to 00 and I will have a fash slate. I could be wrong but that sounds like extortion. Have all screenshots and videos of what been going on. Contact me please.
Bogus lawsuit…
Uber drivers ARE independent contractors. (Period)
Well, the way you know you’re an independent contractor is if you set the rates, and if you make many multiples what an employee doing similar work makes. But Uber drivers make about half of what cab drivers were making back when Uber drove cabs under, seven to ten years ago.
I need money to pay all of my bills off
I don’t know the laws in Florida as I do not live there but everyone knows rideshare has its ups and downs. There is so much more that I want to say but get over yourself and move on guy. If something isn’t working for you then do another option. I do ride share and know each market is different. I don’t know what they promised in their advertising but as long as they used words that were vague then there isn’t much of a case. All of the other Americans are figuring it out to make a living, so should you, instead of looking for free money from a company. There are so many Uber drivers out there making money. This is a “side” gig. Not a full employment. Ubers platform is a 1099. You go online when you want and you go offline when you wants they have bonuses during certain hours. Guess what? Many others are probably online during those hours trying to get that bonus. This lawsuit is just…unbelievable.
I also drive for Uber and I understood what they are all about and I must say that I put in a lot of hours but I also have my free time which you can’t get while working for a company. I truly enjoy what I do. And anyone who knows anything about transportation would understand. I’ve been in transportation most of my life and I think that the gentleman along with a lot of people are sue happy. Do what you love and love what you do….
They should be treated as employees. Even as a salaried employee anything over 50 hrs a week they are entitled to overtime compensation. They should also be compensated for rising gas prices, sun pass fees, insurance coverage to a degree. Nothing in this economy today is a flat fee. Even as an independent contractor there should be a compensation protection under a federal law not only a state law. Uber is becoming a slum contractor.
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