Re:Uber drivers “employees” for unemployment purposes, NY la...
by ceejayoz on Friday July 20, 2018 @04:24PM
(#17578629)
If you're still talking about "I was discriminated against and want my job back and back pay as recompense", sure.
If you want unemployment benefits, the question is "will the state labor department accept it?" There's going to be a lower threshold there.
It's not so cut-and-dry, and in fact, there's already case law in New York holding that pay cuts of about one-third are not inherently constructive dismissal, and that it depends on the particulars of the individual's case.
With that on top of everything else, it's a really far stretch to read the one-line description from the article that the driver quit because of "low pay" and infer that constructive dismissal is applicable here.