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Bait and Switch Incentive Pay -Illegal?

Discussion in 'UberEATS Forum' started by PTSD, Jan 24, 2017.

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  1. PTSD

    PTSD
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    Hi, i started with Uber Eats about 6 months ago , i switched over from Postmates.

    When Uber started doing the next day payouts I noticed the portion of my pay that was incentive pay could not be cashed out using the next day option, and soon after I realized that this was so at the end of the week, if I had canceled more than 1 trip or so, they could take back the incentive portion of my pay. If you dont have a problem with this it may be because you havent really considered all aspects of it, or maybe you live in a state where courts typically rule in favor of employers and never side with employees /subcontractors, but it is just the opposite in the state I live in (CA).

    If a company offers subcontractors and incentive to accept a job , and a subcontractor accepts the job based on that incentive, then once the task for which the incentive was offered has been performed the company cannot rescind their offer - this is known as a bait and switch, and as far as I know its illegal in most states.

    I'm not a lawyer but I have a business degree and took a couple of semesters of business law... lol, I'm not at all trying to say that makes me even an unofficial source of information, so please, if you become interested as well dont take my word for it. I am going to try and do a little research about what the laws in California are specifically, as i did not even go to school here but it's where i live currently, and if interested you should probably do the same in your state.

    I'd be interested to know what a lawyer would have to say about it but really, I like working for Uber otherwise, so I wish I could just talk to someone at Uber about it, i mean someone who is knowledgeable about such things ... you know, most companies have an HR department, and while we are of course not true employees, we are in fact human resources to Uber, and it would be nice to have something like that; someone to speak to in person that represents the company and is authorized to adress such concerns. This wouldnt just be for my benefit, I mean if they make it so I have to consult an attorney to answer such questions they are basically asking for a class action lawsuit. ..

    all it would take is for one person to mention this to one employment lawyer who thinks he can convince, or perhaps simply bring it to the attention of, just one judge, and if the judge finds this is actually a bait and switch, Uber would have to either pay back every penny that they have taken back from employees with this very dubious practice , or , if the exact amount cannot easily be determined the judge would estimate it and it could be a good bit more - i received over 10 grand from a class action brought against a drugstore chain I worked for and all I did was sign a piece of paper.

    Anyway, one reason im posting this here is because I havent been working for Uber long enough so that a very large amount has been taken from me, most lawyers wouldn't give me a minute of their time because of that. But maybe someone else who has lost a lot would loke to do so. I personally don't even want to sue anyone, i wouldn't even if I thought I could, i just want this practice to stop immediately. I find it absolutely deplorable that a company worth 50 billion dollars is taking back the peanuts that I work for, which is not even equivalent to pocket change for them, but my pay from Uber is what I depend on to sustain my existence, without it I go hungry, i face the risk of losing the roof over my head .... you get the point, Im sure.

    Anyone have anything to add? Hell if you knows im wrong and can tell me how sox id be just as interested in that, but keep in mind that employment law differs from state to state, sometimes it can be very different.
     
  2. PTSD

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    By the way,it may not necessarily be a bait and switch, exactly, but what i know about for sure is that in contract law, once consideration has been given by the party to whom an offer has been made (ie once i have performed my part of the contract), the party that made the offer cannot rescind the offer (cannot refuse to pay the incentive that was promised).
     
  3. Uber_Rat

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    You should read the entire offer related to Instant Pay and the incentive offer including the asterisked and linked information. You'll note somewhere in that information you'll find that it specifically excludes incentives in the Instant Pay options.
     
  4. sidemouse

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    If you're driving the guaranteed / promo rates then your account needs to maintain a 90% or higher acceptance rate for the week.
    Translation: You will need to accept EVERYTHING, there's no cherry picking during guaranteed rate hours if you want to get paid the guaranteed rate.
     
  5. PTSD

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    I didnt see this reply so im responding very late. Yes I am aware that cashing out does not include the incentive portion, that is obvious from my post. I am questioning the legality and or fairness of this practice.
     
  6. PTSD

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