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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 99429
Experience:  Years of experience in running a medium sized law firm.
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I am currently out on strike labor dispute and to make extra

Customer Question

Hi, I am currently out on strike for a labor dispute and to make extra money I was considering driving with uber. The add says see if your car qualifies so I filled everything out and it did qualify. The PA Unemployment office is in process of reviewing everyones claim for uc and several other states have already awarded uc benefits to our workers. states like NY,RI,DE,MD & NJ. I never drove with uber for multiple reasons and now I am receiving a letter from PA UC asking why I refused work and I want to know if my reasons are legitimate and which one I should use as I don't want to say too much. My reasons listed are as follows.
1.) I believe my insurance is only rated for approx. 100 miles per day and I was considering doing airport trips but I live approx. 50 miles from airport so that doesn't leave much room to actually drive and make money without having to discose to insurance how many additional miles I would be using which in turn will raise my rates.
2.) I have an old injury that I don't want to aggrevate. I use to drive limo years ago and I know lifting some customers luggage can cause injury to become aggrevated and feel this work may not be suitable for me.
3.) I don't believeI was formally given a job offer just that they determined my car was qualified. I did not pursue any trips and was never advised where to go to work. I have deactivated my account.
4.)I wasn't sure if I would be considered a employee or independent contractor (business owner) and was advised I would be an independent contractor/business owner therefore not qualified for uc.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ely replied 5 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. #1 does not qualify. #2 would qualify if you could show that you were unable to perform the job due to the injury. The problem is that then someone in your situation would be asked why did you apply for Uber in the first place. One may have to explain that one did not realize that the old injury would be aggravated until after the act of the application, and/or, only after being told by one's doctor. A doctor's note would be of tremendous help here. #3 it all depends on the verbiage of the emails. Did Uber say that you were no qualified and could start driving? Or was the process never finished. So provided that Uber never sent an email stating that you were free to begin driving under its program, then this was never finalized. #4 This does not qualify, as an UC claimant is expected to seek both employee and contractor jobs when available. Ergo, one may wish to focus primarily on #2 and #3 as arguments. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.