Live data from Hacker News

Uber requires nondisclosure agreement before compensating carjacked driver

themarkup.org

31–40 of 63 posts

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#31
post #23
post #13

Earlier quoted context omitted.

That's in the second sentence: >David Morrow finally received an offer of assistance from the company: $1,000, the amount of his insurance deductible.

So the driver's insurance is already covering the loss, except for the $1000 deductible which is being covered by uber? That seems totally reasonable to me? What's the driver expecting here?

Not having to sign an NDA? As you say the $1000 is just what he is missing from insurance, not a cent more. They essentially expect him to sign an NDA for free.

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#32

If Uber gave tracking devices for drivers to hide in cars, then thieves and carjackers could easily be caught up with by authorities before they get a chance to disassemble the car and find the tracker.

Wouldn't that also give them a higher risk of litigation for the events of the carjacking? You could also wonder whether they shouldn't provide drivers with mechanic services. They don't want anything to do with operating the contractor vehicle. I'm not saying they are or are not evil, just putting it in terms of risk.

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#34
post #31
post #23

Earlier quoted context omitted.

So the driver's insurance is already covering the loss, except for the $1000 deductible which is being covered by uber? That seems totally reasonable to me? What's the driver expecting here?

Not having to sign an NDA? As you say the $1000 is just what he is missing from insurance, not a cent more. They essentially expect him to sign an NDA for free.

>As you say the $1000 is just what he is missing from insurance, not a cent more. They essentially expect him to sign an NDA for free.

No, because he's working as a independent contractor and therefore is expected to be on his when it comes to costs/losses. He's normally entitled to $0 from uber, which means he's getting paid $1000 for the NDA.

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#35

This what I think is absolutely ridiculously nuts. Taxi services are typically heavily regulated and in major markets a permit (e.g. medallions auctions[1]) can cost hundreds of thousands, if not over a million dollars and are strictly limited in supply. Thus, drivers are employees of a bigger company who manages every other part of the economic relationship. Kinda like Uber (and Lyft, etc), but because "you can brin…

There are significant safety risks for many other occupations -- truck drivers, construction workers, security guards, even fast food workers. These are not as controversial because the pay is time-based not output-based, and it's easier to unionize and access some level of benefits. All of these occupations are reasonable and available options for nearly any gig worker, and they should be, especially if those aspects are important to someone.

Gig working is an alternative to any of these occupations which have existed for decades -- one that is arguably less dangerous and, more importantly, enables output-based compensation and completely flexible work hours. It's a mostly-unprecedented career option, and it's net new (i.e. there's no evidence that other job opportunities, other than being a taxi driver, of course, have decreased), so no one is forced to pursue it. For those that do, there is major upside, but there are also a few risks. Most notably, the risk of "performing poorly", choosing poor hours/locations and not making enough money, and the very low risk of a safety incident like this unfortunate carjacking.

Uber was generous to cover Morrow's costs in full, it can't be expected to go beyond that for any incident that happens. Those are the risks of the job. And Uber is absolutely well within its rights to ask for an NDA and non-disparagement in exchange. This is standard, whether you accept severance from a job, are raped in an Airbnb, etc. And it's certainly a hell of a lot better than you'd get as a taxi driver.

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#36
NDAs are rampantly abused to hide misconduct and mistreatment and should be reigned in. It's especially an issue when there is a large power difference dynamic at play between two parties. In particular, any business that is a platform for people or businesses should be banned from using NDAs that limit speech about the platform.

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#37

Shouldn’t an event like this be covered by insurance? I assume the driver did not have commercial insurance and wants Uber to be responsible, which goes back to the independent contractor vs employee debate?

Arguable like anything.

Another relevant fact is that Uber screened and directed him to the two people who carjacked him with an assault rifle.

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#38
post #11

It just doesn’t seem to me like Uber is a bad guy here. The headline is clickbait. And some very bad men committed an armed robbery victimizing a driver. Uber did nothing wrong and in fact it covered the insurance deductible when it had no legal or frankly ethical obligation to do so.

I'm not sure how you can say this when Uber connected the victim with the assailants.

If a women meets a guy for a date after meeting through OKCupid (lets say he showed up in the list of recommended matches based on their profile) and he rapes her. Are you saying OKCupid should be sued?

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#39
post #12

AirBnb does something similar if a host/guest are raped, seriously injured, or destroy property. They paid off the victims and had them sign NDAs.

It seems to me that it would be astonishingly bad press were someone to simply ignore the NDA and take the whole thing to a very public trial. "AirBnB sues rape victim, demands silence." would do much more harm to AirBnB as a headline than any victim doing an interview.

The AirBnB case is a little different because anyone can rent an AirBnB (so maybe, at the very least, they can't, and maybe don't, give such low ball offers), but in the Uber case, they know they probably have the driver by the balls. They have a lot of info on the driver that they can probably get a rough idea of their socioeconomic status. Even in general, without a car, an Uber driver has no way to make money. Uber drivers likely can't afford legal representation in the first place. Of course, in general, they'll feel powerless to do anything but sign the NDA and take the check. I do hope this driver gets proper compensation for what happened on the job and can set a good precedent for other drivers.

Re: Uber requires nondisclosure agreement before compensating carjacked driver

#40
post #33

I'm not a fan of NDA's like this but I keep wondering reading that whole thing: An Uber driver is carjacked, why is Uber in play here? Is Uber potentially responsible in some way?

I assume press reports of Uber drivers being carjacked harm their driver recruitment efforts.
Post reply on HN