January 2022
Top 10 Reasons, as a Gig Driver, to Hire an Attorney
GrubHub and Doordash: I'm tired of being treated like an animal.
Why I Want to Hire an Attorney
No, world peace doesn't hinge on food delivery. Yes, people can quit and find other jobs. But the major gig apps tell the public one thing and then do something else. That's unethical in business.
Top 10 reasons, as a DoorDash/GrubHub driver, that I want to hire an attorney.
I don’t know the legal terms for these things, but there are laws about fair dealing in business. I don’t need to be an employee. I just want a FAIR contract for services rendered.
The big apps who are in charge OF EVERYTHING keep getting sued and keep losing. But it’s like whack-a-mole. I want an attorney to phrase it like policy change, and present the document to the 1% who are profiting from the current systems.
It isn’t legal for a company to systematically rip off the public. Social complaints from other gig drivers/customers demonstrate that it’s not just me. Gig delivery is huge and these problems are common. It's a public concern. Customers and stores have legitimate issues as well.
These policies much change.
Here are just ten reasons, in general terms, that I think it's a good idea to hire our own attorney to research and write up these concerns.
#10
Stop ringing the phone constantly while I'm driving, and giving only 1 minute to respond.
It's shady and unsafe.
Drivers -often- have to stop what they're doing,
to decline several bad orders in a row,
while in the middle of driving or dropping someone's food.
Give us a load-board instead, like truckers use.
Example of a trucker's load board
(source)
#9
Advertising for new drivers, overstating the potential, knowing that it’s not realistic.
These pictures are from Winter 2021-2022, so relatively current.
This is systematic. Apps keep getting sued but nothing changes.
#8
Failure to maintain a viable system between contractors/customers/stores.
Lack of communication – open/closed/ETA/availability/subs, fast food not even HAVING tablets - results in drivers losing A LOT of time. Waiting is unpaid time and ruins any kind of planning.
But the driver better not be late!
Even if you wanted to waste 10 minutes per store waiting, three stores in an hour is a 30 minute wait itself...
A driver can't build in waiting time because the apps are unforgiving for perceived tardiness.
Store is 30 min late with order
GH constantly sends us too early
As an independent contractor (who is offered $5 jobs) of course I multi-app. But when one app isn't truthful about apartments or waiting, that affects other apps.
---
It becomes risky to double up the $5 orders even when their picks/drops are similar.
Been suspended for 72 hrs TWICE,
will I be deactivated next time? How can I (independent contractor) - PLAN - when nobody is truthful?
---
Do restaurants also get suspended for being late?
Thanks, Doordash.
---
GrubHub, this is why I'm late for your pickups. GH, why you mad? You have us wait for food also, and hide apartments also.
(See #6)
Separately, on the "Shop and deliver" jobs: High percentage of out-of-stock, lots of trouble with substitutions. Irritating and time consuming for both customer and driver.
#7
Manipulation / moving goalposts in rooking in new drivers.
New contractors are enticed with preferential treatment. Later, when bills are due, contractors take grossly underpaying offers because there isn’t time to switch jobs to make bill money.
This is a really big deal and ties to #1 and #9. It's worth a mention.
It's common knowledge that the apps feed new drivers good offers. The person thinks it'll always be like that. In reality, bad offers outnumber the good offers. It's financial manipulation.
But plan for gas.
You might earn today but it's 7 days for the first payout.
If only there were some way to make gig apps play fair. (source)
#6
Hiding information: No pay model in original contract, routinely hiding destination info, extras (apts/waiting), how many drivers are active in an area.
For being independent contractors, drivers aren't given much information. We get sent to closed stores, are not told about out-of-stock, apartments, or potential waiting time.
And if we knew how many other drivers were around, we could plan our (contractor) business/income better.
Mystery job
Hidden pay is sometimes DOUBLE
Hidden pay is
NOT always more
Pay model is vague.
Independent contractors don't get solid formulas?
(source)
This is "all" a contractor needs to know about pay?
Is this a kids' newspaper route?
[zoom the pic]
(source)
Shout out to UE drivers. I heard that UE plays games with disclosing addresses to "contractors" during the bidding process?
How is that legal?
#5
Allowing customers to even order truly undesirable gigs.
This inflates app numbers but angers drivers and reduces service.
A lot of offers are so bad a driver would lose money/equity by accepting them. Is it good that new drivers receive preferential offers then? What happens when the new driver's next bills are due and the good offers have dried up? (See #4 below)
Another suggestion besides better communication, fair pay, and transparency: Allow customers and drivers to match favorites and preferences like use of hot bags or willingness to make stops for tips.
BTW, when a customer orders and pays for these undesirable orders, are they refunded in cash/credit or in app credit?
NY, LA, Seattle, FTC, and now Chicago. (source)
DoorDash, this offer wouldn't be profitable for anyone, why do you let the customer order and pay?
GrubHub, this offer wouldn't be profitable for anyone, why do you let the customer order and pay?
Contractors see $21/hr advertised
and turn down unprofitable runs.
(If they're not new.)
So most of those low orders never get delivered at all.
#4
Grossly undervaluing contractor pay.
By now you've seen many pictures of low pay.
Forums on social media are full of complaints about unpaid extras: canceled orders, passenger stops, waiting time; and low offers paying grossly under market value for contractor services.
The inefficiencies detailed in this article are systematic, and only skew profit in favor of monopolists.
When the good runs dry up I still have household bills. (That's why I work.) Dinner "rush" $13.15/hr before gas, maint, ins, depreciation, and taxes including SE tax. (See also #1)
Started this Arby's offer at 10:17pm. See next picture and remember the payment was $0.00.
After waiting in drive through behind 5 cars, Arby's informs that they can't make the order.
Arby's also informs that their (app) tablet is broken and they "can't" get another one to communicate.
Had to contact the customer and support, who finally freed me of the order at 10:49pm.
32min gig for $0.00 - meant unavailable to take other paid jobs
This is not to pick on Arby's, which usually has decent service. All fast food places seem to be WITHOUT tablets to communicate.
Hope you didn't take a second order (going the same way for efficiency) and count on staying on schedule. Because upon pickup, new info says to expect problems (and no help) with this first drop.
#3
Anti-trust laws say gig workers can’t collude to fix prices, but it’s okay for the major apps to pay contractors less than minimum wage after expenses?
To be fair, the current FTC chair is on gig workers' side and has herself called out the contradiction. (See #7 )
Speaking of contracts, as seen in #3 above the contractual pay terms are vague. However in both DD and GH terms of use (drivers) there is a long list of responsibilities and restrictions, including not self-promoting the contractors own contracting business.
Speaking of monopolies, collusion, and lack of "consideration" in contracts: Customers are being told that delivery is free or nominal when drivers are NOT adequately compensated by the apps. Customers think their tip is a TIP, not a BID for service. Again, low base pay leads to angry drivers and poor customer service.
Gig workers aren't allowed to organize? (source)
The FTC is on our side. (source)
See also #7 above.
Meet the new boss...
GH customers can get unlimited "free" delivery for $10/mo, while drivers are paid like the earlier pictures. (source)
Same as the old boss...
DD customers can get unlimited "free" delivery for $10/mo, while drivers are paid like the earlier pictures. (source)
#2
This ad for (attorneys) Morgan and Morgan.
But I low-key daydream about hiring this other guy who loves high-profile cases.
.
"Find out if you are eligible for a food & grocery delivery wage theft lawsuit" (source)
"We regularly represent clients in headline-making cases, and we know what it takes to win. As one of the leading law firms in the U.S., we have the resources to go head-to-head with even the most formidable opponents." (source)
And now.... the NUMBER ONE reason...
That I want to hire an attorney to write up these concerns in legal terms, so they can be presented to the 1% that are in charge and gluttonously profiting from the current system:
#1
This grown man crying in public because he was rooked into a job that advertised to pay well but in reality pays minimum wage before expenses.
Sure, some markets make bank.
The apps advertise as if ALL markets operate that way,
as if every driver is making $20/hr WHILE
every customer with a subscription enjoys "free delivery."
(BTW, restaurants pay fees - to the apps - as well.)
This represents what's unconscionably wrong with the current monopolistic system.
These things can't be legal under contract law, fraud statutes, and fair labor laws.
.
(source)
Of course it's not HT, and I would never make light of HT. But if you didn't know better and just looked at this chart, it sort of fits. It's false promises and financial manipulation of people without much means to begin with. (Which is most of the general public that believes app adverts of $21/hr. Also ads don't say that's "gross" not "net" after expenses / SE tax.)
(source)
Side note, doesn't Uber only pay like 25% of the passenger's fare to the actual contractor-driver?
But I’m only one person.
I’m saving screenshots whenever I remember. I’m saving low offers, hidden information, and wait times at restaurants. I started a little amateur organization.
I’ve been suspended twice from GrubHub for being late on orders. Will I be deactivated next time? Does it matter with how awful the markets have been in January? (If the current drivers quit, new drivers seeing the ads for $20/hr provide a steady stream of workers.)
Yet everywhere I go for GH is a wait for the food. Sometimes that makes me late for a DD order going the same direction. No, DoorDash is not better, yet I get threats of termination from there too.
Without transparency I can’t plan as an independent contractor.
Meanwhile the CUSTOMER (who pays for everybody!) is left with ambiguity and poor service. And it’s no fun for stores and handlers either. All of this contributes to a downward spiral of the industry, to the detriment of workers and customers alike.
No it's not as important as world peace. Yes people can quit. And this note might not be the best presentation of the situation.
But HOW is it legal to publicly advertise contracts for services that HABITUALLY don't match reality?
I take gig delivery seriously. I want to BE TAKEN seriously.
Does anyone else want to hire an attorney, for past grievances and a future fair contract?
Let's do this.