In Chapter 34, read Case 34-2 Doe v. Uber and discuss the following:
What facts would support the victims' claim there is an agency/employment relationship between Uber and its drivers? Why does it matter whether the drivers are considered legal agents instead of
contractors? Why or why not. Be sure to define all relevant terms and legal concepts in your discussion.
Discussion 1-2
In the Doe v. Uber case, there are numerous facts that support the victims' claim there is an agency/employment relationship between Uber and its drivers. The victims mention that the Uber service does set the prices for the drivers, and they aren't able to negotiate the fares. Uber can modify the charges to a customer, the service retains control over all of the customer contact information, they can terminate drivers at will, and Uber requires that the drivers accept all of the ride requests that they receive when they are logged into the application and if they don't the driver can face potential discipline. When there's a principal-agent relationship it "typically exists when an employer hires an employee to enter into contracts on its behalf" (Kubasek et al., 2020 p. 781fi. An employer-employee relationship which is when "the employee is subject to the employer's control" (Kubasek et al., 2020 p 781fi. An independent contractor is when "a person who contracts with another to do something for him but who is not controlled bv the other nor subiect to the other's right to control with respect to his physical conduct in the performance of the undertaking" (Kubasek et al., 2020 p. 781fi. According to Kubasek et al., (2020fi, in the exhibit 33-4 indicates that Uber drivers are employees by the worker being involved in a distinct occupation, they are not required to have a special skill, and they are a regular part of the business. For an Uber driver to be considered as an independent contractor is when the length of employment varies and that they get paid when the job is done. As an Uber driver I do believe that the employer supplying the tools can go either way because the company supplies the Uber application to use for the drivers to pick up their customers but doesn't supply the car or insurance. Also, the Uber driver doesn't require supervision, but the service can change the charges to the customer if the driver takes a circuitous route.
It matters whether the drivers are considered legal agents instead of independent contractors because if the Uber driver is an independent contractor, then this means that they aren't employees. Therefore, the company isn't liable for any damages that are caused by the actions of the contractor. Instead, the independent contractor would be the one who is held liable for the damages. However, the company would be held liable if the drivers are employees. I do not believe that the Uber drivers are independent contractors because even though they set their own hours they still get paid by Uber and ther