How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38129
Experience:  Retired (mostly)
10097515
Type Your Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Im a taxi cab driver. I lease my cab by the week and drive

Resolved Question:

I'm a taxi cab driver. I lease my cab by the week and drive 12 hours per night, 5 nights per week. I pay my own expense such as fuel, car washes, can of brake fluid, etc. I accept "fairs" from dispatch through the on board computer as well as run "personal fairs", which I've cultivated.

Question; As an Independent Lease Driver or Independent Contractor do I have the right to refuse service to anyone, for any or no reason whatsoever?..

Superintendents who work for this cab company,.. have on two occasions, without warning, suspend my ability to lease my cab for a week. Both times the suspension came without warning, days after an incident. Punishment you see,.. for not following directives! This action on their part prohibited my ability to earn a living and placed me under duress. I had bills to pay! Their action was because I refused to provide service to certain individuals who I suspect are drug dealers, using cabs as a safe method to transport their crap with out the worry of being stopped by cops. These low life's may also have posed a threat to my safety.

On multiple occasions management has also threatened to "FIRE" me in the future, should I not comply with their directives and those from company dispatchers,.. with regards XXXXX XXXXX up certain future fairs.

Question: By them controlling my time & telling me who, when, and where to pick up fairs, regardless of the circumstances that I see,.. and telling me to adhere to their company directives and policy's or lose my ability to earn a living, have they just turned my independent contractors agreement/lease cab contract into an EMPLOYMENT CONTRACT?..   If YES;

Then wouldn't the entire 2.5 years that I've been driving, then be viewed as "employee status" vs "Lease Driver" or "Independent Contractor" and wouldn't they then be liable for allot of back taxes?...

QUESTION: If I were reclassified, why wouldn't the other 500 or 600 other drivers be reclassified as well?..

See were I'm heading....
Submitted: 8 years ago.
Category: Employment Law
Expert:  socrateaser replied 8 years ago.

Yep. You seem to have the sense of things, i.e., a suit of rather expansive proportions.

 

The only thing you're missing is that your claim is limited to wages earned during the past two years under federal law (although your state jurisdiction may provide for a different statute of limitations).

 

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and 2 other Employment Law Specialists are ready to help you
Customer: replied 8 years ago.
I don't pay for barber shop gossip. I thought I was getting client attorney privilages. Are you not an attorney?.. If not,.. I want my master card reimbursed.
Expert:  socrateaser replied 8 years ago.

I'm an attorney, but my terms and conditions are non-negotiable, because this forum cannot provide you with the sort of legal advice that you would receive in a private consultation in an office environment, as this is a PUBLIC forum. See my IMPORTANT legal information link below for clarification.

 

This is no different than a radio call-in talk show with an attorney host. If my terms and conditions don't work for you, then just let me know that you want a refund and it will be promptly provided.

 

Otherwise, we can continue to talk. The choice is yours.

 

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.