Class action lawsuit filed against UBER on behalf of Ohio drivers claiming UBER withholding tips

NEW YORK - Dec. 21, 2015 - PRLog -- An Ohio Uber employee has filed a proposed class action against Uber Technologies Inc. and Raiser, LLC (collectively “Uber”) alleging Uber withheld tips earned by the driver and incorrectly classified him and other Uber drivers as independent contractors to avoid reimbursing drivers for costs associated with driving for Uber.

The complaint, filed today in the United States District Court, Northern District of Ohio, proposes to represent all drivers that drove for Uber in Ohio. The plaintiff claims that Uber failed to pay them tips intended for them and prohibited drivers from accepting tips initially offered by customers.

The complaint includes instructions provided to Uber customers informing them that their fare “is automatically charged to [their] credit card on file – there’s no need to tip.” The plaintiff claims Uber withheld the portion of the fare paid by customers that was intended to be a tip.

Attorney Brittany Weiner, whose law firm filed the complaint on behalf of the drivers, said, “Uber did not designate any portion of the fare collected as a tip – cheating Ohio Uber drivers from the customary 20% gratuity they usually earn.”

The complaint also alleges that Uber incorrectly classified drivers as independent contractors instead of employees. The classification as independent contractors forced Uber drivers to use their own money to pay for their cars, gas, insurance and repairs. “Employers must reimburse work-related expenses paid by employees – by classifying drivers as independent contractors, Uber violated Ohio law by failing to reimburse Uber drivers for their expenses,” Ms. Weiner added.

The law firms Climaco Wilcox, Napoli Law PLLC and Imbesi Law P.C., are representing the Ohio plaintiff. The firms recently filed a similar class action on behalf of New York Uber drivers and plans to represent over 100,000 Uber drivers nationally, according to Vincent Imbesi, a partner of Imbesi Law P.C. “Some drivers may be excluded from class actions, but we will file as many individual arbitration claims necessary to recover money rightfully owed to individuals who drove for Uber,” Mr. Imbesi added.

“Our firms’ attorneys have the financial ability to file 300,000 arbitrations if necessary and our previous record evidences our ability to represent thousands of individuals at one time and recover hundreds of millions of dollars for victims arising out of a single event,” Mr. Imbesi commented.

The firms established a website http://www.uberdriverslawsuit.com to help Uber drivers nationwide if they are owed money.