The right to control, ability to hire and fire, training, and control of the sales process by Uber clearly show the drivers are employees whether part time or full time. The company requires acceptance of a percentage of fares from drivers, can "deactivate/terminate" drivers at will, trains the drivers, provides insurance coverage, sometimes pays the drivers, controls the rates and sales process, gives signing bonuses and guaranteed pay, etc. Uber claims to have "industry leading background checks" which is not true and then denies doing and driver assessment in its terms and conditions. It's not the drivers that are trying to play with their status, it is the company.
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