SELECT QUOTATIONS FROM DECLARATIONS

OConnor et al. v. Uber Technologies, Inc., 13-03826-EMC (N.D. Cal.)

Declarant
Name (Last,
First)

City

Service

Quotation
Ive been an employee and an employer, and Ive also been an independent
contractor. I know the difference between these things. With Uber, Im an
independent contractor. And I wouldnt have it any other way. 9-10.
Uber is not my employer. I can make a stronger argument that Uber is my employee
than that Im their employee. Uber books my business for me. Uber collects my
money. Uber sends me statements about how much money Ive made. Uber deposits
money in my account. If anything, Uber is my employee. 11.

Shehab, Jon

San Diego

UberX

[H]aving been an employee and an independent contractor in the past, Im definitely

an independent contractor with Uber. I dont have a supervisor, I dont have a
manager and I dont even have a telephone number for Uber. So theres no direct or
indirect supervision from Uber. There is a performance evaluation thats done, but its
not done by Uber, its done by my customers. And Uber only gets involved if they see
theres a major problem, in which case I can get deactivated. Just like if my
accountant isn't doing a good job, I can change accountants. If my lawyer isnt doing
a good job, I can change lawyers. If my doctor doesnt do a good job, I can change
doctors. That doesnt mean theyre my employee. 12.
Ive also never heard of a company that allows someone who is an employee to work
for competitors. Can you imagine Macys allowing a salesperson to punch out and go
to Bloomingdales and work for them for an hour and come back? I know lots of

Declarant
Name (Last,
First)

City

Service

Quotation
people who use the Uber App and Ubers competitors apps at the same time. I dont,
but most people do. Most people use two or three other platforms. If that doesnt
make someone an independent contractor, I dont know what would. 13.

Fry, Janice

Diaz, Jose

Los
Angeles

Los
Angeles

UberX

UberBlack

I dont want anyone to take away this flexibility by suing Uber. I dont know what
these people are doing.I wish they would just stop it. Because Im an independent
contractor, these people arent just interfering with Uber, theyre interfering with my
business as well. 10.
We [declarant and his business partners] stopped driving for Super Shuttle because,
although we were franchisees, Super Shuttle treated us like employees. At Super
Shuttle we wore uniformed shirts, had to wait in a holding lot if we wanted business
(which is what Super Shuttle calls a ride) from the airport, and Super Shuttle assigned
the business. Super Shuttle would penalize me if I didnt accept a business at the
airport. I didnt have the option to say yes I want to do this, or no I dont want to do
this. And if we were not wearing the Super Shuttle issued shirt, we would not be
allowed to take the business. 3.
Uber is very different. Im not penalized for not accepting a ride. Im not restricted
to a certain area. Im not forced to do a trip; if I dont want to do it, I just
dont.With Uber, I have more liberty to do what I want to do, when I want to do it.
4.

Declarant
Name (Last,
First)

City

Martinez,
Christopher

Los
Angeles

Hakobyan,
Hakob

Los
Angeles

Halik, Khalid

Los
Angeles

Lachar, Mark

Los
Angeles

Service

UberPlus;
UberX

UberBlack;
UberSUV

UberX

UberX

Quotation
I wouldnt even want to be an Uber employee. I would quit if they tried to make me
an employee, because I value my freedom as an independent contractor too much, I
dont want Uber to tell me when or where I have to drive, and I think I would
probably make less money as an employee than I can make as an independent
contractor. I am familiar with all of the work regulations applicable to employeremployee relationships in California through my previous job at Coca-Cola, and I
have no interest in going back to that situation. 8.
I like that I dont have a boss; I dont have a crazy dispatch. If you work in a limo
company, they will call you all the time, ask where you are, what you are doing. With
Uber, you just turn the app off and nobody will bother you. You can work anywhere
you want, everything is open. 3.
Although my businesses [three restaurants] provide me with all the income I need, I
decided to drive for Uber in order to raise money for children with diabetes. 6.
The biggest advantage to me in being an independent contractor and using the Uber
app is that I have complete flexibility to work when I want, especially given my fulltime job. It allows me to gain supplemental income in addition to my day-time job,
which is helping me save up for a house. 16.

Declarant
Name (Last,
First)

Oliva, Carlos

City

Los
Angeles

Service

Quotation

UberX

To be honest, even if Uber wanted to make me an employee, I wouldnt want to be

one. I would quit before I would accept an offer to be an Uber employee. I value my
freedom as an independent contractor too much, and I dont want Uber to tell me
when or where I have to drive. 9.
I drive about 15 hours a week. I only drive when I feel like it. I love the flexibility.
6.

Rojas, Gustavo

Los
Angeles

UberX

I turn the Uber app on or off whenever I want. Im not forced to work technically. I
just turn it off whenever I want. 8.

Shakoor, Ali

Los
Angeles

UberPlus

Any time I want to drive and am ready to drive, I can drive. If I dont want to drive,
I can turn off the app. Uber never says anything or pushes me to drive at a certain
time, and Uber doesnt ask me to do anyone any favors by working a little extra or
covering for another co-worker. Even if I dont work for a few hours, a few days, or a
few weeks, its not a problemmy work hours are completely my choice. 11.

Basha, Raman

San Diego

UberX

I wouldnt be interested if I had to be [an] employee. Id shake Ubers hand and say
you guys are great, but Im not on board. 13.

Declarant
Name (Last,
First)

City

Service

Quotation
When youre an employee, you clock in and you clock out, there is a schedule. I wish
to continue as an independent contractor because I have the freedom to do other
things. 9.

Marantos, John

San Diego

Adams, Larry

San
Francisco

UberX

UberX

I might take 20 different breaks while using the app. You just take off when you want
or you think it is necessary. I take breaks for an hour, two hours, 15 minutes, however
long I want toIts not like clocking outI can take the whole day off if I want,
since I am an independent contractor. I absolutely turn the app off when taking a
break and Uber never interrupts my breaks. I get to decide when I take my breaks.
10.
I extremely value the flexibility that Uber gives me because for the last 30 years Ive
worked independently. I worked briefly on an employee basis and I didnt like the
control the employer had over me. I would not have began using the Uber App if the
job was to be an employee. 6.
The UberX service also gives me far greater flexibility than the taxi companies,
because I can choose when [I] log in and only need to accept the fares I want. 15.

Avetisyan,
Ernest

San
Francisco

UberTAXI;
UberX

I also have complete control over my schedule now. With the taxi companies, I had
to designate a schedule for use of the taxi vehicle, which was also used by other taxi
drivers. With the UberX service, I log in when I want, giving me complete flexibility
as to when I will work. For instance, I often choose to work in the early morning, and
then take a break to drive my daughter to school. 16.

Declarant
Name (Last,
First)

Elkhartiami,
Imane

Hsu, Howard

City

San
Francisco

San
Francisco

Service

Quotation

UberX;
UberBlack

I work on my own schedule from Monday to Friday 5:00 a.m. to 11:00 p.m. I
scheduled it this way because my husband works in the afternoon, so I have to take
care of my baby. I enjoy the flexibility and the money that Uber provides me. If I
stuck with my old job, I would struggle with paying the rent and not be able to spend
time with my baby. 4.

UberX;
UberXL

I am not an employee of Uber. Uber is a software platform that takes advantage of

market inefficiencies. I am paying Uber for a license to use the software. All Uber
does is provide the software that allows riders looking for rides to connect with drivers
available to drive. I view the relationship as leasing software from Uber. I am using
the software and the rider clients are using the software and its matching people up.
11.
I would not want to be an employee of Uber because that would mean less flexibility.
Uber could tell me where to drive, when to drive, and how to drive. I might have to
wear a uniform. It would definitely make driving far less desirable if I had to be an
employee. 15.

Declarant
Name (Last,
First)

Thompson,
Selenge

City

San
Francisco

Service

Quotation

UberX

When I was working for Corporate America, I missed out on so many of my

daughters firsts. I missed seeing the first time she crawled, the first time she turned
around, her first tooth, the first time she held a bottle. I missed her first step. All of a
sudden I saw my baby grown and developed and I realized I was missing how she got
there. I appreciate the opportunity to be an entrepreneur mom. Thanks to Uber, I can
be there for my daughter and to see her grow. My destiny is in my hands. The sky is
the limit. 7.