Arbitration - Why is this word never used here???

johncarlsbad

Well-Known Member
Why do I hardly ever see the word arbitration here? It is the answer to most of Uber's abuses, yet hardly ever mentioned here. Sure Uber made all their drivers sign away all rights to pursue civil cases against Uber. Which all drivers did under duress. Uber had to add the arbitration clause to the agreement to keep it legally enforceable. Yet drivers do not utilize this great tool to keep Uber's gross abuses in check they way they should.

All drivers should research and understand the arbitration clause. The arbitration clause is basically the same as being able to sue Uber in a much simpler way - no jury - no formal trial - no need to hire a lawyer. If you have a dispute with Uber over any aspect of your business relationship - being deactivated for any reason - being automatically logged off for passing on Pool requests while waiting for airport calls or during surge times costing you money because you are moved to the end of the line - being temporarily deactivated while Uber investigates some false passenger allegations - when Uber short changes you on fares or tips, whatever you and Uber cannot come to an agreement on, you have the right to have the issue settled by arbitration at no cost to you, it's in the agreement. All you have to do is try to resolve the issue with Uber and if they don't see it your way - demand arbitration!

Once you notify Uber you want to settle your disagreement with arbitration, Uber is obligated to hire a totally independent arbitrator at Uber's expense who will listen to your argument and Uber's argument and decide who is correct. If the arbitrator decides in your favor he or she can order Uber to make the situation right and also order Uber to compensate you for any and all loses you have suffered. If the arbitrator decides against you, it costs you nothing and Uber cannot retaliate against you in anyway for exercising your right to arbitration. This is what you gained by signing away your right under duress to a civil settlement of any disputes between you and Uber.

If all drivers demanded arbitration each and every time Uber steps out of line, Uber will quickly change their ways or simply go out of business allowing for a more morally, less corrupt organization to enter the market place and pick up where Uber failed.

We will all win with every arbitration case demanded by any driver wronged by Uber.
 

Wombat7

Well-Known Member
I'm opted out and today I got my tip stolen by Uber, one more time and watch the next class action take off.
Why do I hardly ever see the word arbitration here? It is the answer to most of Uber's abuses, yet hardly ever mentioned here. Sure Uber made all their drivers sign away all rights to pursue civil cases against Uber. Which all drivers did under duress. Uber had to add the arbitration clause to the agreement to keep it legally enforceable. Yet drivers do not utilize this great tool to keep Uber's gross abuses in check they way they should.

All drivers should research and understand the arbitration clause. The arbitration clause is basically the same as being able to sue Uber in a much simpler way - no jury - no formal trial - no need to hire a lawyer. If you have a dispute with Uber over any aspect of your business relationship - being deactivated for any reason - being automatically logged off for passing on Pool requests while waiting for airport calls or during surge times costing you money because you are moved to the end of the line - being temporarily deactivated while Uber investigates some false passenger allegations - when Uber short changes you on fares or tips, whatever you and Uber cannot come to an agreement on, you have the right to have the issue settled by arbitration at no cost to you, it's in the agreement. All you have to do is try to resolve the issue with Uber and if they don't see it your way - demand arbitration!

Once you notify Uber you want to settle your disagreement with arbitration, Uber is obligated to hire a totally independent arbitrator at Uber's expense who will listen to your argument and Uber's argument and decide who is correct. If the arbitrator decides in your favor he or she can order Uber to make the situation right and also order Uber to compensate you for any and all loses you have suffered. If the arbitrator decides against you, it costs you nothing and Uber cannot retaliate against you in anyway for exercising your right to arbitration. This is what you gained by signing away your right under duress to a civil settlement of any disputes between you and Uber.

If all drivers demanded arbitration each and every time Uber steps out of line, Uber will quickly change their ways or simply go out of business allowing for a more morally, less corrupt organization to enter the market place and pick up where Uber failed.

We will all win with every arbitration case demanded by any driver wronged by Uber.
The process can be long and arduous, a fact that for most drivers renders it useless and untenable.

Uber need only play the delay game. Delay. Delay. And delay again.

Obviously, getting any type of information as to how often it's been used and what the results were, would be legally impossible to obtain.

And the vast majority of drivers would in all probability have a desperate need to replace that income. Most would simply take the screwing and move on.


Thank you for the info.
 

JasonB

Well-Known Member
Why do I hardly ever see the word arbitration here? It is the answer to most of Uber's abuses, yet hardly ever mentioned here. Sure Uber made all their drivers sign away all rights to pursue civil cases against Uber. Which all drivers did under duress. Uber had to add the arbitration clause to the agreement to keep it legally enforceable. Yet drivers do not utilize this great tool to keep Uber's gross abuses in check they way they should.

All drivers should research and understand the arbitration clause. The arbitration clause is basically the same as being able to sue Uber in a much simpler way - no jury - no formal trial - no need to hire a lawyer. If you have a dispute with Uber over any aspect of your business relationship - being deactivated for any reason - being automatically logged off for passing on Pool requests while waiting for airport calls or during surge times costing you money because you are moved to the end of the line - being temporarily deactivated while Uber investigates some false passenger allegations - when Uber short changes you on fares or tips, whatever you and Uber cannot come to an agreement on, you have the right to have the issue settled by arbitration at no cost to you, it's in the agreement. All you have to do is try to resolve the issue with Uber and if they don't see it your way - demand arbitration!

Once you notify Uber you want to settle your disagreement with arbitration, Uber is obligated to hire a totally independent arbitrator at Uber's expense who will listen to your argument and Uber's argument and decide who is correct. If the arbitrator decides in your favor he or she can order Uber to make the situation right and also order Uber to compensate you for any and all loses you have suffered. If the arbitrator decides against you, it costs you nothing and Uber cannot retaliate against you in anyway for exercising your right to arbitration. This is what you gained by signing away your right under duress to a civil settlement of any disputes between you and Uber.

If all drivers demanded arbitration each and every time Uber steps out of line, Uber will quickly change their ways or simply go out of business allowing for a more morally, less corrupt organization to enter the market place and pick up where Uber failed.

We will all win with every arbitration case demanded by any driver wronged by Uber.
Interesting post.

Have you requested arbitration at any point and what were the results?

Who exactly are you requesting an arbitration hearing from? I can only imagine
what my buddy Rohit at Uber support would say if I asked for an arbitration hearing...
 

goneubering

Well-Known Member
Why do I hardly ever see the word arbitration here? It is the answer to most of Uber's abuses, yet hardly ever mentioned here. Sure Uber made all their drivers sign away all rights to pursue civil cases against Uber. Which all drivers did under duress. Uber had to add the arbitration clause to the agreement to keep it legally enforceable. Yet drivers do not utilize this great tool to keep Uber's gross abuses in check they way they should.

All drivers should research and understand the arbitration clause. The arbitration clause is basically the same as being able to sue Uber in a much simpler way - no jury - no formal trial - no need to hire a lawyer. If you have a dispute with Uber over any aspect of your business relationship - being deactivated for any reason - being automatically logged off for passing on Pool requests while waiting for airport calls or during surge times costing you money because you are moved to the end of the line - being temporarily deactivated while Uber investigates some false passenger allegations - when Uber short changes you on fares or tips, whatever you and Uber cannot come to an agreement on, you have the right to have the issue settled by arbitration at no cost to you, it's in the agreement. All you have to do is try to resolve the issue with Uber and if they don't see it your way - demand arbitration!

Once you notify Uber you want to settle your disagreement with arbitration, Uber is obligated to hire a totally independent arbitrator at Uber's expense who will listen to your argument and Uber's argument and decide who is correct. If the arbitrator decides in your favor he or she can order Uber to make the situation right and also order Uber to compensate you for any and all loses you have suffered. If the arbitrator decides against you, it costs you nothing and Uber cannot retaliate against you in anyway for exercising your right to arbitration. This is what you gained by signing away your right under duress to a civil settlement of any disputes between you and Uber.

If all drivers demanded arbitration each and every time Uber steps out of line, Uber will quickly change their ways or simply go out of business allowing for a more morally, less corrupt organization to enter the market place and pick up where Uber failed.

We will all win with every arbitration case demanded by any driver wronged by Uber.

I did a search for arbitration on this forum and it gave me 113 results.
 

jester121

Well-Known Member
Arbitration is actually a formally structured system in the US -- the firms that do it are forced to maintain neutrality and there is some oversight as I understand it.

That would be one funny way to troll the crap out of Uber -- since they were so insistent about shoving the arbitration clause down our throats, drivers should start demanding arbitration over every little dispute. Bankrupt their ass in no time, and waste a TON of time and resources.

For ridiculous stuff like customers scamming refunds by claiming their driver was drunk? Absolutely I'd give it a shot. That's clearly being used abusively and has no basis in truth.

Sure Uber made all their drivers sign away all rights to pursue civil cases against Uber. Which all drivers did under duress.

I don't think you know what duress means.
 

Wombat7

Well-Known Member
Arbitration is actually a formally structured system in the US -- the firms that do it are forced to maintain neutrality and there is some oversight as I understand it.

That would be one funny way to troll the crap out of Uber -- since they were so insistent about shoving the arbitration clause down our throats, drivers should start demanding arbitration over every little dispute. Bankrupt their ass in no time, and waste a TON of time and resources.

For ridiculous stuff like customers scamming refunds by claiming their driver was drunk? Absolutely I'd give it a shot. That's clearly being used abusively and has no basis in truth.



I don't think you know what duress means.
I don't know....

Click to accept or you can't work.... Sure feels like they're holding a gun against my head.

Some of us more ignorant folks would certainly consider it being placed in a state of "duress."
 

jester121

Well-Known Member
"To continue working as an independent contractor for this piece of crap company, accept this contract. Alternately, you are free to end the business relationship with no further obligations."

That's the very essence of an IC relationship. Just because "duress" is used as a buzzword doesn't change its meaning, legal or otherwise.
 

Wombat7

Well-Known Member
du·ress
d(y)o͝oˈres/
noun
noun: duress
  1. threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment.
    "confessions extracted under duress"
    synonyms: coercion, compulsion, force, pressure, intimidation, constrain

No, it doesn't, does it.
 

Safe_Driver_4_U

Well-Known Member
SCOTUS is now reviewing an arbitration case that could turn all this upside down. The fat lady has not sang on this drama yet.
 

johncarlsbad

Well-Known Member
Arbitration is actually a formally structured system in the US -- the firms that do it are forced to maintain neutrality and there is some oversight as I understand it.

That would be one funny way to troll the crap out of Uber -- since they were so insistent about shoving the arbitration clause down our throats, drivers should start demanding arbitration over every little dispute. Bankrupt their ass in no time, and waste a TON of time and resources.

For ridiculous stuff like customers scamming refunds by claiming their driver was drunk? Absolutely I'd give it a shot. That's clearly being used abusively and has no basis in truth.



I don't think you know what duress means.
I think I do, but to be sure I googled it and came up with:

Threats, violence, constraints or other action brought to bear on someone to do something against their will or better judgement.

So definitely constraints or other action brought to bear on someone applies when Uber notified you one day without any kind of notice that before you could log on you would now have to agree to their new agreement or no longer be able to earn a living, perhaps be no longer able to make your Uber xchange lease payment or pay any other bills or maybe even be able to eat unless you signed their new agreement.

Oh yes duress is exactly the correct word for what all drivers experienced and agreed to while under duress to gain the ability to log on to feed their children, and meet their obligations.

Interesting post.

Have you requested arbitration at any point and what were the results?

Who exactly are you requesting an arbitration hearing from? I can only imagine
what my buddy Rohit at Uber support would say if I asked for an arbitration hearing...
I have requested arbitration several times after contacting Uber support and several refusals by support to address the problems fairly on a couple of no show fees that they tried to cheat me out of, once for a fair reduction where the passenger claimed I had taken an unreasonable route even though the passenger changed destination twice. And after several run around emails between Uber support and myself I requested arbitration and suddenly a Uber support manager has always emailed me something like "after a careful review of your issue we have adjusted your pay and you will be able to see tomorrow the adjustment in your favor thanks for bringing this to our attention."

Uber can't afford and does not want to go to arbitration as all the expenses are on them and will quickly tie up to much personnel and lead them to bankruptcy that much sooner.

The process can be long and arduous, a fact that for most drivers renders it useless and untenable.

Uber need only play the delay game. Delay. Delay. And delay again.

Obviously, getting any type of information as to how often it's been used and what the results were, would be legally impossible to obtain.

And the vast majority of drivers would in all probability have a desperate need to replace that income. Most would simply take the screwing and move on.


Thank you for the info.
The process cannot be to long as you can notify Uber to get it before Arbitration quickly and set a reasonable deadline for that to happen or Uber loses their right to arbitration and then the case can be heard in a civil court.
 

Null

Well-Known Member
I haven't paid attention to the arbitration clause in a while since I opted out.

Though, you'd need to make sure that Uber is really absorbing the cost of arbitration. That's usually one of the reasons that companies like arbitration is that they're cost prohibitive for claimants to initiate. I seem to recall that arbitration costs were modified as part of all the IC/Employee suits, but you'd need to make sure.

Also, your discovery rights are a lot more limited in arbitration. Let's say your case requires evidence that Uber is in possession of such as trip details, passenger details, etc. You may not have the right to COMPEL Uber to fork over the info. Same goes for depositions, etc.

Also, the primary reason arbitration exists is to shield companies from cost and liability. Why do you think arbitration clauses are so popular? The whole industry has financial incentive to find in favor of the people who create the arbitration agreements. You can do your own research, but arbitrated cases have a statistical bias to find in favor of those that write the clause. Also, when a claimant is awarded an amount they are frequently lower than public court cases for similar claims.

In short/IMO arbitration is bullshit.
 

bestpals

Well-Known Member
This is what I been saying for a long time. Never been to arbitration with uber but years ago I went to arbitration with USPS. They paid for the whole process even though it was initiated by me. They tried to illegally fire me. I won the case. I know I was an employee of USPS, not a Independent Contractor but cases going to arbitration can be won against an unfair company and who is more unfair to us then uber.. They are won more often then they are lost. If more uber drivers would get some guts and file for arbitration for every time the illegally do something against us they would be forced to change their ways. They have bullied drivers long enough. FIGHT BACK!!!!!! For those that have had passengers lie to uber about you use arbitration to force them to tell you who it was so you can take legal action against the passenger. It's time you take back control of your vehicle and driving. I don't know the wording of uber's arbitration clauses but even if it is unfairly biased for uber the arbitrator can rule that way and force the company to alter the clauses to be fair for both sides.
 
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johncarlsbad

Well-Known Member
Nice drama scenario. Not duress.
What is your definition of duress???? You might want to look up the word and try your best to understand the definition before your next post.

I haven't paid attention to the arbitration clause in a while since I opted out.

Though, you'd need to make sure that Uber is really absorbing the cost of arbitration. That's usually one of the reasons that companies like arbitration is that they're cost prohibitive for claimants to initiate. I seem to recall that arbitration costs were modified as part of all the IC/Employee suits, but you'd need to make sure.

Also, your discovery rights are a lot more limited in arbitration. Let's say your case requires evidence that Uber is in possession of such as trip details, passenger details, etc. You may not have the right to COMPEL Uber to fork over the info. Same goes for depositions, etc.

Also, the primary reason arbitration exists is to shield companies from cost and liability. Why do you think arbitration clauses are so popular? The whole industry has financial incentive to find in favor of the people who create the arbitration agreements. You can do your own research, but arbitrated cases have a statistical bias to find in favor of those that write the clause. Also, when a claimant is awarded an amount they are frequently lower than public court cases for similar claims.

In short/IMO arbitration is bullshit.
You somehow overlooked Uber forcing you to accept the new agreement before logging on a couple of times in the last twelve months. You can't be driving or even log in until you agreed to the newest agreement. I two have opted out several times in the last four years but these new agreements did not allow for opting out, you either agreed or your access to the platform was denied.
 

Null

Well-Known Member
What is your definition of duress???? You might want to look up the word and try your best to understand the definition before your next post.


You somehow overlooked Uber forcing you to accept the new agreement before logging on a couple of times in the last twelve months. You can't be driving or even log in until you agreed to the newest agreement. I two have opted out several times in the last four years but these new agreements did not allow for opting out, you either agreed or your access to the platform was denied.

All of the newer agreements that had arb. clauses were not mandatory arbitration. Read again.
 
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