Uber trying to force drivers to forfeit rights with new contract

Uber drivers must opt out to remain part of Ontario class action lawsuit

TORONTO, ON, Aug. 31, 2020 – Through new contracts issued to drivers just days ago, Uber is attempting to force its drivers to give up their right to participate in the $400-million class action lawsuit that seeks to recognize them as employees rather than independent contractors, Samfiru Tumarkin LLP has learned.

Drivers using Uber’s platform are being asked to sign the updated contract that states that they agree not to take part in class action against the company. Drivers are locked out of the Uber app unless they accept the new terms.

Drivers are required to contact Uber within 30 days to opt out arbitration and preserve their ability to pursue other legal options to enforce their employment rights.

“Uber is once again trying to have Ontario drivers forego their basic and essential employment rights,” said employment lawyer Lior Samfiru, partner at Samfiru Tumarkin LLP and lead counsel in the lawsuit launched against Uber on behalf of driver David Heller. “They are trying to impose new terms with the threat that if drivers do not accept, they cannot continue working for the ride sharing giant.”

“The terms try to bind drivers to arbitration and prevent them from participating in the ongoing class action. Even though drivers are given the option to opt out of arbitration, the concern is that the vast majority will not know to do so and will be giving up their rights, without even realizing it.”

“Drivers should immediately opt out of arbitration if they wish to be part of the ongoing class action,” said Samfiru.

In June, the Supreme Court of Canada issued a historic decision in Heller v. Uber Technologies Inc. by ruling that the class action lawsuit must be tried in Ontario courts, rather than through international arbitration in the Netherlands as proposed by Uber via an arbitration clause in their drivers’ contracts. The Court’s decision upheld a lower court ruling that the clause was invalid and “unconscionable.”

How do I opt out of arbitration and remain a part of the Uber class action lawsuit in Ontario?

Uber drivers in Ontario have been presented with a new contract from the ride sharing company that updates section 15 of the agreement.

Section 15.6, titled ‘Your right to opt out of this arbitration provision’ states that:

“if you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision as set out here.”

It further states that a driver has 30 days, from the date that they electronically accept the Arbitration Provision, to opt out. In order to opt out, they must send an email to canadaoptout-bv@uber.com containing the following information:

• Driver’s intent to drop out of the Arbitration Provision;
• Driver’s name;
• Phone number associated with the driver’s account; and
• The city in which the driver resides.

The new contract argues that if the driver does not opt out within the 30-day period, they will be bound by Uber’s arbitration agreement, and will no longer be a part of Samfiru Tumarkin LLP’s class action lawsuit.