Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

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

Customer Question
I'm a taxi cab driver...
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: 9 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
1/18/2009
Employment Lawyer: socrateaser, Lawyer replied 9 years ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,498
Experience: Retired
Verified

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
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 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.
Employment Lawyer: socrateaser, Lawyer replied 9 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.

Ask Your Own Employment Law Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was pulled for a drug test after an accident at work it
I was pulled for a drug test after an accident at work it showed a false positive before it was sent to lab for further testing is management aloud to discuss any of those findings either way with oth… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it required by Wyoming law to pay an hourly wage earner a
Is it required by Wyoming law to pay an hourly wage earner a higher wage if she substitutes for her supervisor when the supervisor is absent from work? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
Hours are required to take a drug test a random drug test
Hours are required to take a drug test a random drug test for a job that we don't have no ram and drugged his policy in our employment hand book … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Wage lawyer.. Looking for advice only. Taking it very
No, looking for advice only. Taking it very cautious. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
My wages consist of a base and then a quarterly bonus that
My wages consist of a base and then a quarterly bonus that is up to a max percentage of my base calculated somewhat arbitrary on basis of performance, revenue, size of bonus pool, etc. My compensation… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If I have an employment contract that takes me to the end of
Second opinion] If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligati… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
If I have an employment contract that takes me to the end of
If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligation under the con… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
Employer contract. MA. At will. Developments agreement
employer contract JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: MA JA: Is the employment agreement "at will," union, full time or part time? C… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Is payment of wages required to a person who holds and H1-
is payment of wages required to a person who holds and H1-B visa in order for that visa to remain valid, if the person is not laid off or otherwise terminated? … read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Can an employer conduct a drug test to only a portion of
Can an employer conduct a drug test to only a portion of their staff if they do not provide a safety risk without or provide prior notification to thod … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
Florida. I have a question about an employment contract
No, I have a question about an employment contract which requires either party to provide a 60 day notice, which I didn't receive. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
Can a company reduce your hourly wage if it was sold to
can a company reduce your hourly wage if it was sold to another company by law … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I have an employment contract with my current company. The
Hello, I have an employment contract with my current company. The position was a senior leadership position reporting directly to the vice president. Last March the individual who hired me left the co… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I was terminated from my employment for a safety violation,
I was terminated from my employment for a safety violation, which they said was on a CCTV. I asked to see the video and they stated that I could not. Is that correct? Also, I was given a final paychec… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I was fired on the 13th of this month for safety issues the
Hello. I was fired on the 13th of this month for safety issues the workplace claims, but in reality I had asked time and time again about not being on the equipment that I was on and nobody never list… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
PRIVACY LAW QUESTION FOR CONFIRMATION: As I understand, an
PRIVACY LAW QUESTION FOR CONFIRMATION: As I understand, an employer in Wisconsin is not legally obliged to keep the presence of an employee living on their property or working for that employer -- a s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
When an employee wishes to "invoke their right to privacy"
When an employee wishes to "invoke their right to privacy" and directs their employer to hide from others that this employee exists as their employee and/or may be found on the employer's property, wh… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
Can I be fired for a valid prescription drug? Drug test
Drug test because of work injury . Broken toe . Three weeks later after I was returned to regular duty ... the same day I was fired … read more
lawyerJ
lawyerJ
Juris Doctorate
143 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x