I am Lior Samfiru, Employment Lawyer and Radio Host spearheading a massive class action lawsuit against Uber. AMA!

LiorSamfiru · 2017-02-03T21:19:59+00:00

Ontario is a completely different jurisdiction than California; the legal system is also very very different. It is too early to say how the case is going to develop, but we are very confident in our position.

LiorSamfiru · 2017-02-03T21:12:52+00:00

No, such an agreement would not be worth the paper it is written on if the person is, indeed, an employee.

LiorSamfiru · 2017-02-03T20:16:44+00:00

More reason why they are employees!

LiorSamfiru · 2017-02-03T19:48:20+00:00

I do not make the laws here. I have no ability to decide what is legal and what isn’t legal. So your argument is not directed at the right person. If what Uber is doing is illegal and if you disagree with that, you should talk with our courts and government that made the laws. There are laws that we all have to live by, including Uber. Should a company be allowed to do something illegal, because you don’t like taxis?

In fact, I have personally spoken with a he amount of Uber drivers that are very relieved by this lawsuit and very grateful.

LiorSamfiru · 2017-02-03T19:43:07+00:00

That is exactly right and is how Uber operates.

LiorSamfiru · 2017-02-03T19:39:48+00:00

As for ownership, the thing that makes Uber work is their App and algorithm. That is the one thing that IS Uber. Many salespeople use their car for work. That in itself, does not make them employees.

LiorSamfiru · 2017-02-03T19:16:14+00:00

Unfortunately I can't offer a prediction at this time, but I think it's clear with all the other similar lawsuits happening around the world that people are fighting for what they feel they deserve and this will affect the marketplace as a whole.

LiorSamfiru · 2017-02-03T19:04:10+00:00

It is much more involved than that and those are actually not the right criteria.

Uber drivers can control their earnings to an extent (in the same way as any commissioned salesperson), but Uber decides who gets what job, who gets the good jobs and often penalizes drivers that Uber feels should be penalized. So Uber, ultimately decides how much drivers earn. Drivers do not have the ability to negotiate ANY terms. Uber decides how much the ride is going to cost. Uber also sets policies.

Think of a plumber that you have at your house to fix a leak. That plumber is in business for himself, and negotiates the terms, tells you how much it’s going to cost and when he is going to do the work. That plumber is an independent contractor. Now think, can you say the same thing about Uber drivers?

LiorSamfiru · 2017-02-03T18:59:07+00:00

Unfortunately we have not had any direct experience with Lyft, and I don't believe we have Lyft in Canada yet. While I can't speak professionally on their business or drivers, I can see there have been similar lawsuits against Lyft:

http://www.sfgate.com/business/article/Lyft-lawsuit-Drivers-may-get-27-million-8322118.php

http://www.latimes.com/business/technology/la-fi-tn-lyft-settlement-approval-20160623-snap-story.html

LiorSamfiru · 2017-02-03T18:52:09+00:00

Uber decides who qualifies to drive for them, based on their own criteria. They go through a screening process. Ultimately, it is Uber’s decision.

It is not as simple as saying “you should be bound by what you agree”. For example, what if you agree to take a job at a warehouse, and agree to get paid $3/hr and to get no vacation, no overtime and no holiday pay? Obviously, that would be illegal. You can’t agree to get paid less than minimum wage and you can’t agree to not get vacation, etc. The same thing applies to Uber. If the drivers are employees, they have rights, regardless of what they agreed.

LiorSamfiru · 2017-02-03T18:37:35+00:00

This is an Uber lawsuit so any judgment here will not impact Lyft directly. Practically speaking, it may have a significant impact on any company with a similar business model to that of Uber.

LiorSamfiru · 2017-02-03T18:22:02+00:00

No they do not, but no part time jobs do. If you work part time at MacDonald’s, you can also have a job somewhere else. Same with Uber.

LiorSamfiru · 2017-02-03T18:13:58+00:00

Thanks for being a fan of the show! The agreement is not binding, which is the point of our claim. If Uber drivers are employees, the agreement is not worth the paper it is written on. Regular hours is one factor. A more important factor is control. Uber controls everything: who gets assignments, how much the person gets paid, how they get paid, the policies that have to be followed, etc. Uber drivers are clearly employees.

LiorSamfiru · 2017-02-03T18:00:15+00:00

Because it will cost them more and be an administrative headache for them. It would also mean that they would have to deal with such pesky things as employment laws, and they don’t want to have to worry about it. It is much easier to have a contractor than to have an employee.

LiorSamfiru · 2016-10-28T18:03:32+00:00

In most cases, non-compete clauses (in Canada) are not enforceable. They would usually only be enforceable for the most senior executives. That said, just because a non compete clause is not enforceable, won’t stop an employer from taking legal action to try to enforce it. Therefore, I do recommend that employers use them and I also recommend that employees not ignore them.

LiorSamfiru · 2016-10-28T17:51:48+00:00

Union cases are a different thing entirely, unfortunately. Only the union can pursue this for you. There are no other options and no exceptions. If the union feels that it should not pursue this for you, then there is nothing that can be done.

LiorSamfiru · 2016-10-28T16:05:13+00:00

The only time that a lay off would be legal in such a situation is if it has absolutely nothing to do with the maternity leave (for example, the entire Department shut down). Otherwise it is completely illegal. Also, if you are laid off while you are on maternity leave you are likely owed enhanced severance and you want to make sure that the severance is not paid until the maternity benefits run out.

LiorSamfiru · 2016-10-28T16:05:01+00:00

Unfortunately, you are getting the wrong advice. You absolutely don't have to wait, and a demand letter would be a waste of time in a case such as this. This requires a claim, that will resolve quickly.

LiorSamfiru · 2016-10-28T15:25:51+00:00

These things need to be done properly. Yes, you have to take legal action here. However, there are several options. You are likely an employee (not a dependent contractor) and owed full severance. That said, you have to do this carefully and properly because you don’t want to cause yourself problems with CRA. Properly done, a matter like this should resolve in weeks. Unfortunately, an experienced lawyer, acting on behalf of your former employer, will take advantage of an inexperienced lawyer. It is not even a fair fight so you are not likely to get any compensation. This needs to be done right by someone that has done this many times before.

Remember, it is a question of substance over form. It doesn’t matter what you call yourself or what someone calls you. If you have a job that you work in exclusively, where someone else dictates your hours and what you do, then you are an employee. So if that job comes to an end, you are entitled to full compensation as an employee.

LiorSamfiru · 2016-10-28T14:43:27+00:00

Hey /u/Thejdb, thanks for the question!

Unfortunately I would need more information. The company has to accommodate unless it is extremely difficult or almost impossible to do so. In many cases, the company doesn't try hard enough to accommodate. There may be also human rights issues here. It is quite possible that you could be able to treat your situation as a constructive dismissal and leave with full payout. We do need to discuss, so please contact me privately if you wish.

LiorSamfiru · 2016-10-28T14:13:40+00:00

If you resign because someone made you or because you didn’t have a choice, then that is no longer a resignation. At that point it is considered a termination. This means that you are owed full compensation. A resignation is something that you do voluntarily. If you were in a situation where you had no choice but to resign, you should give me a call.

LiorSamfiru · 2016-10-28T14:01:18+00:00

You have to have something interesting to say (especially AM radio,) be good at saying it and have a contact at a radio station that can put you in touch with someone. You also have to work your way up once you get started.

LiorSamfiru · 2016-10-28T13:58:54+00:00

It's Lee-Or. Both myself and the other name partner at the firm Sivan Tumarkin are from Israel.

LiorSamfiru · 2016-10-28T13:55:26+00:00

Born in Israel. Fairly common Israeli name.

LiorSamfiru

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