I work for a ride sharing company and have a couple questions. ?

Question

Ok, so my boss claims I'm an independent contractor, but she sets my schedule every week. She said no other employee is willing to work over nights so she has been scheduling me to work 7 nights a week, 66 hours a week, EVERY WEEK. it's been a month and a half and it doesn't even seem like she's attempted to hire anyone who can work overnights so I can have a day off. I became extremely sick recently, I called into work and she just complained a little, I got the day off, but my sickness this time was no 24 hour virus, I'm even sicker and feeling way worse on day 2, I call in and she just can't believe that I would call in 2 days in a row, I get the day off tho, day 3 with the reaction I got from missing day 1 and day 2 I just tell her I'm still extremely sick and throwing up everywhere, but I'll come in that night, she tells me she has that night covered I can stay home, day 4 of being sick as a dog I try to call in to say how I feel so much worse today than I had the day before and she tells me no one is available to cover your shift, come in and work while being sick. I told her that I'm getting very dizzy at random times, and driving people around just isn't a good idea, she dgaf. And after this I've got to go back to working 7 days a week, every week, and just recover from being sick while I work. I want some freakin days off, but she keeps scheduling me to work 7 nights a week. What do I do? What can I do?

Eva · Answer

Turn her in to the labor dept. What she's doing is illegal on many levels. As an independent contractor you are supposed to be setting your schedule. If she is providing the vehicle you drive while you are working, you are an employee. If she sets your pay rate, you are an employee. The difference between independent contractor and employee boils down to who has the control. "She said no other EMPLOYEE is willing to work over nights" if that's what she really said, you definitely have a case.

Jerry S · Answer

get another job..................

Judy · Answer

Quit, go to work for someone else.  This is ridiculous.

Hamoon A · Answer

well that is not right what your boss it doing if your not feeling well she cant tell you anything

Casey Y · Answer

I assume you dont have your own vehicle...which means you are not doing ride sharing correctly.

You dont mention where you happen to be and labor laws vary.

A Hunch · Answer

As an independent contractor, you don't have 100% free rein of your schedule like the IRS wants you to believe. 
- you have to work within the confines of your client.  If they need people to work nights = you work nights or there is no job for you.  They don't need to allow you to work days when that's convenient for you.  Their work is at night.

Your options:
- not work and risk consequences
- work and deal with it. 
- find other opportunities.

StephenWeinstein · Answer

First, if you're that sick, go to the doctor.

Second, get another job, one without a boss like that.  There are lots of rider-sharing jobs where you can work whatever hours you want and don't have to work any hours you don't, such as Uber, Lyft, etc.

Third, after you quit, consider filing Form SS-8, which may get your old employer in trouble with the government for misclassifying you are an independent contractor if the government decides you were really an employee.

wind_updoll · Answer

Seek another company to work for. While it’s typical to file as an independent contractor, it has little to do with her horrible management of the company, as safety should be a priority especially in this profession.

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I work for a ride sharing company and have a couple questions. ?

8 Answers