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 independent contractors? Do you believe that drivers for companies such as Uber are truly independent contractors? Why or why not. Be sure to define all relevant terms and legal concepts in your discussion.
In the case of Doe v. Uber Technologies, Inc., many factors support the victim's claim there is an agency/employment relationship between Uber and its drivers. First is the fact that Uber controls the fare that each customer pays without and input from the drivers. Second, Uber also has full control of the customer contact information which means that the driver cannot contact
any customer without going through the App (Kubasek et al., 2020). Lastly, Uber has the right to terminate drivers at will as well as controls aspects of the way rides are offered through the app, and if procedures are not followed, drivers can be disciplined. Based on these rules and regulations, drivers would be considered employees of Uber.
However, Independent contractors are professionals or workers in a trade or business that offer their expertise or service to the general public. They are typically contracted to perform work by an employer and are not considered an employee. Whereas an employee is someone who works for an employer that controls what the employee does. In other words, the employer controls the how, where, and when the employee performs its work (Independent Contractor Vs. Employee: What's the Difference?, n.d.). Although Uber has standards based on the car driven to services, handles the payment processing, client information, and can terminate a driver, drivers are responsible for their own payroll taxes. They also decide their own schedule, can refuse a client (although this could backfire on the driver), free to provide their services whenever and wherever they want and own their own cars. In final, based on taxes, flexibility and the use of their own car, I believe that drivers are independent contractors of Uber.
References:
Kubasek, N., Browne, N. M., Herron, D., Dhooge, L., & Barkacs, L. (2020). Dynamic Business Law (5th ed.). McGraw Hill.
Independent Contractor vs. Employee: What's the Difference? (n.d.). Retrieved October 2fl, 2022, from https://www.contractscounsel.com/b/independent-contractor-vs-employee