After Uber, Lyft is the most popular ridesharing app in the market. And like Uber, when it first sent its cars out to transport people from point A to B, Lyft classified its drivers not as employees but as independent contractors. This meant that Lyft drivers were putting in hours and hours of driving and were not ensured the benefits and protections that employees across the state were guaranteed.
The loss of benefits, or rather, the inability to attain benefits was a detriment to drivers. Uber drivers filed a class-action lawsuit against the ridesharing giants, and the California State Supreme Court ruled in their favor. Using a different test to determine whether or not a worker should be classified as an employee or independent driver, the California Supreme Court ruled that drivers met their definition of what it meant to be an employee.
Employee status for drivers means that they are now guaranteed the same protections and benefits as all workers across the state. As independent contractors, Lyft drivers could do very little if they were wrongfully terminated by Lyft. With the protections offered to Lyft drivers, Lyft can no longer mercilessly fire its drivers without a legitimate reason.
The California Labor Law Employment Attorneys Group is here to ensure that justice is served. As an employee, you are entitled to certain guarantees, benefits, and protections. If you feel like your termination had no legal basis, then you have to contact our Lyft wrongful termination lawyers. We will fight for your rights and get you the compensation you deserve for the damages you suffered as a result of the wrongful termination and illegal firing.
What Is the Difference Between Independent Contractor and Employee?
The difference between independent contractors and employees may not seem like a big deal. You work, you get paid. Whether or not you’re in the company’s payroll doesn’t seem like that big of a deal as long as you get the paycheck, right?
The difference can be monumental for drivers. Independent contractors are people who are in business for themselves, while employees work for someone’s business. Being classified as the wrong type of worker can have real consequences – especially if the driver gets into an accident or is fired.
Unlike independent contractors, employees are guaranteed protections and benefits. It’s these differences that the labor advocates were fighting for. The protections and benefits include:
- Discrimination Laws: Employers are not allowed to treat an employee any differently due to some characteristic. These characteristics open a wide umbrella for people of color and other minorities that protects them from employers. It is illegal for Lyft to fire its drivers based off racial discrimination, gender discrimination, nationality discrimination, disability, religion, and more. Workers have the right to be free from discrimination and sexual harassment in the workplace.
- Wages and Hour Laws: Employees have the right to minimum wage, overtime, meal breaks, and business-expense reimbursement.
- Workers’ Compensation: When an employee gets injured at work, they have the right to recover compensation for their medical bills, and lost wages as they recover from their injuries.
Before this historic ruling, the California Supreme Court used the Borello test to determine whether or not workers were employees. The Borello test was a very flexible and multi-factored test that often allowed companies to classify employees as independent contractors. As a result, many workers were not given the benefits and protections they deserved.
What influenced the new ruling was the new test by which courts measured whether a worker is an independent contractor or employee. The new test is called the “ABC” test and is far more rigid than its predecessor. Additionally, it puts the burden of proof on the company. It must prove three stipulations in order to justifiably classify its worker as an independent contractor. In other words, in order for a company to legally classify its workers as independent contractors, it must prove that the workers are not doing the work that is intrinsic to the company.
Uber has appealed the ruling by the California Supreme Court. And so, in order for the court to reverse its ruling, Uber must prove that it is not a ridesharing company and that its drivers do not perform the service offered by Uber – the ridesharing company.
And so if you were wrongfully terminated due to discrimination, harassment, or unpaid wages, you the right, as an employee, to file a lawsuit against Lyft. Our experienced Lyft wrongful termination lawyers in Los Angeles will help you get the compensation you deserve.
What it Means for Lyft Drivers
Because Lyft drivers must be classified as employees, drivers can now file lawsuits against Lyft if the ridesharing company wrongfully terminates them.
Wrongful termination is the act of when a company terminates an employee’s contract or employment, and the firing breached one or more terms of the contract, or breached a federal or state employment law.
For example, let’s say that an elderly Lyft driver has a fantastic 4.9-star rating. Then, Lyft fires him because they fear that his old age will lead to an accident even though he has no history of accidents or cognitive decline. This is age discrimination, and can be the grounds for a lawsuit.
If you believe that you were wrongfully terminated, you need to contact our law firm. The statute of limitations to file a lawsuit against your employer is 300 days from the last instant wherein you experienced the discrimination. If you do not file a lawsuit within this time period, you will lose your right to collect compensation for your damages. If you suffer wrongful termination as a Lyft driver, it is important that you contact our labor law attorneys as soon as possible.
Discrimination: Employers are not allowed to make employment decisions based off of protected characteristics. Race, gender, sexual orientation, age, disability, marital status, religion, nationality, and more are protected under the law. The U.S. has a long history of discrimination, and so in order to give equal opportunity to all, lawmakers – under the pressure of the Civil Rights movement – made it illegal to discriminate against those kinds of features.
Harassment: Physical abuse, sexual assault, and any other unwanted touching is grounds for a lawsuit. Often times, employers will fire an employee after he or she refuses or reports it. If you were harassed, contact our law firm to get the justice you deserve.
California Labor Law Employment Attorneys Group
We at the California Labor Law Employment Attorneys Group want to represent you to ensure that justice is served, and that you get the compensation you deserve for your traumatic experience. We offer many promotions for our clients because we want to use our knowledge of the law to help clients first. We offer free legal consultation, the zero-fee guarantee, and free second opinions. If you need a lawyer in Los Angeles for Lyft employees to sue Lyft for wrongful termination and illegal firing, contact our law firm today.
We offer free legal consultation to all of our clients. It can be a little confusing to determine whether or not your termination was illegal; when you’re the one being fired, it’s easy to rationalize that your firing was unjust, illegal, and that your ex-employers need to pay for their actions against justice. That’s why we offer free legal consultation. Whether you call or come into our office, we will take the time to answer any questions you may have regarding the facts of your case. Additionally, we will give you our initial thoughts of your case: do you have a case, or is there not enough evidence? The reason we take our time to answer questions from our clients is because we understand that legal processes are arduous. Before you set out on one, we believe you should know everything you can about your case and the legal process.
The zero-fee guarantee is our promise to you that you will not pay us a penny for our legal services until your case is settled and you’ve received the compensation you deserve. That means that if we’re unable to win your case, you will not pay us because we didn’t do our job. We don’t feel that it is right to charge clients who seek restitution after something as traumatic and damaging as wrongful termination.
We also offer a free second opinion to those curious about their case and skeptical about their lawyer. Even if you’ve already contracted a lawyer, it’s always a good idea to get a second opinion regarding your case. Unfortunately, many attorneys in the business have no honor and readily accept any offer to quickly close the case and take their fees to fill their pockets and leave their clients worse off. Our attorneys are here to give you another opinion regarding your case if you are skeptical about the amount your lawyer says they can get you. We will give you an honest value so you can make the choice of sticking with your corrupt lawyer, or going with us.
“The people at California Labor Law where professional and and caring. They helped me in every way possible. They calling me periodically to see if there is any other need. Susanna and Desirae personally went over and above the services I ask for. Thank You! If you need a law firm I recommend California Labor Law and Employment Attorneys Group.”