Concord, CA asked in Employment Law for California

Q: I am an UBER driver. I have ian ongoing issue where I am disputing to UBER an earning where I was not paid.

The issue started Dec 22, 2017. I am disputing for $192.93 where they deducted out this amount from my earnings for a suspicion that hey paid me with a duplicate amount.

They requested my bank statement. I sent them my bank statements showing all their deposits but found no duplicate amount. I kept on emailing them, called their customer service several times and the answer was all the same. " We will update you as soon as we have available information on this case."

Although this is a small $192.93 amount, but I spent 4 nights, 7 hours of driving from 8PM-3AM. I sweat for this amount but was not paid.

At this time it will more than 1 months now and still no update nor returned amount. Do I have a case vs UBER?

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1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
Answered
  • Del Mar, CA
  • Licensed in California

A: Assuming you are in California:1: If you are an "employee",if you receive a W-2 in January showing your earnings for the past year. you go to the Labor Commissioner. 2: If you are a true independent contractor and receive a 1099 after the end of the year, your recourse is to the Small Claims Court.

The San Diego Superior Court has a website with a lot of helpful information for small claims plaintiffs, as well as all the forms you will need. Also inquire at the court about a Small Claims Advisor. The process is not complicated, the small claims court is very informal, the judges are sympathetic.

Good luck!!

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