Case: 1:19-cv-08106 Document #: 1 Filed: 12/11/19 Page 1 of 6 PageID #:1
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`AHMED YOUSSEF,
`Plaintiff,
`
`v.
`
`UBER TECHNOLOGIES, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT
`
`Civil Action No.
`
`Judge:
`
`NOW COMES Plaintiff, Ahmed Youssef (“Youssef”), by and through its attorneys, Cole
`
`Sadkin, LLC, and propounds his Verified Complaint against Defendant Uber Technologies, Inc.
`
`(“Uber”), a Delaware corporation with a principal place of business in Chicago, Illinois, hereby
`
`states as follows.
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`JURISDICTION AND VENUE
`
`1.
`
`The amount in controversy exceeds the sum of seventy-five thousand dollars
`
`($75,000.00).
`
`2.
`
`The Court has diversity jurisdiction under 28 U.S.C. § 1332(a). Plaintiff is a
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`resident of Indiana, and Defendant is incorporated in the state of Delaware with a principal place
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`of business in Illinois located at 208 South LaSalle Street, Suite 814, Chicago, Illinois 60604.
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`3.
`
`Venue is proper in the Northern District of Illinois, Eastern Division, under 28
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`U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to Plaintiff’s
`
`claims occurred in Cook County.
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`AHMED YOUSSEF,
`Plaintiff,
`
`v.
`
`UBER TECHNOLOGIES, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT
`
`Civil Action No.
`
`Judge:
`
`NOW COMES Plaintiff, Ahmed Youssef (“Youssef”), by and through its attorneys, Cole
`
`Sadkin, LLC, and propounds his Verified Complaint against Defendant Uber Technologies, Inc.
`
`(“Uber”), a Delaware corporation with a principal place of business in Chicago, Illinois, hereby
`
`states as follows.
`
`JURISDICTION AND VENUE
`
`1.
`
`The amount in controversy exceeds the sum of seventy-five thousand dollars
`
`($75,000.00).
`
`2.
`
`The Court has diversity jurisdiction under 28 U.S.C. § 1332(a). Plaintiff is a
`
`resident of Indiana, and Defendant is incorporated in the state of Delaware with a principal place
`
`of business in Illinois located at 208 South LaSalle Street, Suite 814, Chicago, Illinois 60604.
`
`3.
`
`Venue is proper in the Northern District of Illinois, Eastern Division, under 28
`
`U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to Plaintiff’s
`
`claims occurred in Cook County.
`
`1
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`
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`Case: 1:19-cv-08106 Document #: 1 Filed: 12/11/19 Page 2 of 6 PageID #:1
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`PARTIES
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`4.
`
`Plaintiff, Ahmed Youssef, is an individual residing in Cook County, Illinois.
`
`Plaintiff resides at 1245 Willow Lane Schererville, Indiana 46375.
`
`5.
`
`Defendant, Uber Technologies, Inc., is incorporated in the state of Delaware and
`
`has a principal place of business at 208 South LaSalle Street, Suite 814, Chicago, Illinois 60604
`
`(the “Chicago Office”). Dara Khosrowshahi is listed as registered agent, located at the Chicago
`
`Office.
`
`JURISDICTION AND VENUE
`
`6.
`
`This Court has jurisdiction over Defendants pursuant to 735 ILCS 5/2-209(a)(1)(7)
`
`because the Defendants are all located in Cook County, Illinois.
`
`7.
`
`Venue is proper in Cook County pursuant to 735 ILCS 5/2-101, because the cause
`
`of action arises out of events that took place in Cook County.
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`FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
`
`8.
`
`In early 2018, Youssef entered into an independent contractor agreement (“Uber
`
`Agreement”) with Uber to perform work as a driver.
`
`9.
`
`Under the Uber Agreement, Youssef performed in excess of eight thousand (8,000)
`
`passenger rides utilizing the Uber application platform.
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`10.
`
`Shortly after Youssef entered into the Uber Agreement, Youssef requested
`
`information from Uber regarding how to transition from Uber X to Uber Black. Youssef intending
`
`to switch from Uber X to Uber Black to recoup larger returns on passenger rides.
`
`11.
`
`Shortly thereafter, Uber notified Youssef that he needed to apply and interview with
`
`Uber to become an Uber Black driver. Furthermore, Youssef purchased a Lincoln Navigator for
`
`approximately seventy-five thousand dollars ($75,000).
`
`2
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`
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`Case: 1:19-cv-08106 Document #: 1 Filed: 12/11/19 Page 3 of 6 PageID #:1
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`12.
`
`Subsequently, Youssef was approved to be a Uber Black driver.
`
`13. While driving Uber X in 2018, Youssef earned approximately seventy-five
`
`thousand dollars ($75,000) annually.
`
`14.
`
`It is estimated that Youssef could have earned in excess of one hundred and twenty-
`
`five thousand dollars ($125,000) annually through the Uber Black application platform.
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`YOUSSEF’S PEACEFUL PROTEST
`
`15.
`
`In October 2018 Youssef partook in the peaceful protests of Uber in Chicago,
`
`Illinois.
`
`16.
`
`Youssef was supporting other independent contractors in the industry who were
`
`under review by Mayor Lori Lightfoot and her Chicago administration regarding Uber drivers’
`
`status as independent contractors and their limited pay in light of Uber’s revenue.
`
`17.
`
`Youssef was photographed while participating in the peaceful protest which was
`
`published in the Chicago Tribune on October 31, 2018. See Chicago Tribune October 31, 2018,
`
`article Too many Uber drivers? Chicago cabbies and ride-share workers join forces, urge cap on
`
`Uber and Lyft Cars attached hereto as, Exhibit 1.
`
`YOUSSEF’S TERMINATION FROM UBER
`
`18.
`
`On or about December 2018, Youssef was terminated from the Uber X platform
`
`without notice or explanation.
`
`19.
`
`On or about April 2019, Youssef was terminated from the Uber Black platform
`
`without notice or explanation.
`
`20.
`
`After not receiving notice or explanation from Uber regarding the termination
`
`from the Uber X and Uber Black platforms Yousef requested such information.
`
`21.
`
`In order to justify the terminations, Uber responded to Youssef and stated he
`
`3
`
`
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`Case: 1:19-cv-08106 Document #: 1 Filed: 12/11/19 Page 4 of 6 PageID #:1
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`committed “irregular trips associated with fraudulent activities” which were against Uber’s
`
`policies. See Uber correspondences collectively attached hereto as, Exhibit 2.
`
`22.
`
`Uber stated that Youssef committed improper usage of the Uber platforms by
`
`“using your rider and driver account at the same time, creating duplicate accounts, accepting
`
`trips without the intention of completing them, claiming false fees or charges, the installation,
`
`and use of software which has the intention or effect of manipulating the Driver App and trip
`
`details.” Id.
`
`23.
`
`At no time has Uber provided Youssef with any support of the allegations
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`previously cited.
`
`24.
`
`At all times Youssef has denied the cited improper activities and vehemently
`
`denies the allegations.
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`COUNT I – VIOLATION OF FIRST AMENDMENT RIGHT
`
`25.
`
`26.
`
`Plaintiff restates and reasserts Paragraph 1 through 24 as if fully set forth herein.
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`Youssef was participating in the peaceful protest on his own personal time and not
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`billed company time.
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`27.
`
`Youssef’s involvement was considered that of a private citizen speaking on a matter
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`which concerned the public.
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`28.
`
`Youssef was photographed while participating in the peaceful protest. His
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`photograph was published in the previously identified Chicago Tribune article.
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`29.
`
`On information and belief, Youssef was terminated from Uber solely based on his
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`participation in the peaceful protest pursuant to his First Amendment right as a private citizen.
`
`30.
`
`On information and belief, Uber’s termination of Youssef was in retaliation for his
`
`participation in the peaceful protest.
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`4
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`Case: 1:19-cv-08106 Document #: 1 Filed: 12/11/19 Page 5 of 6 PageID #:1
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`COUNT II – Breach of the Employment Agreement
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`31.
`
`32.
`
`Plaintiff restates and reasserts Paragraphs 1 through 23 as if fully set forth herein.
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`In early 2018, Youssef entered into an employment agreement with Uber to be a
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`Uber X driver.
`
`33.
`
`Shortly after entering into an agreement to be an Uber X drive, Youssef entered
`
`into a second employment agreement with Uber to be a Uber Black driver.
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`34.
`
`Youssef purchased a Lincoln Navigator to perform his services described in the
`
`second employment agreement as a Uber Black driver. He purchased the Lincoln Navigator for
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`seventy-five thousand dollars ($75,000.00).
`
`35.
`
`On or about December 2018 Youssef was terminated from the Uber X platform
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`pursuant to the first employment agreement with Uber in retaliation to Youssef’s participation in
`
`the peaceful protest.
`
`36.
`
`On or about April 2019, Youssef was terminated from the Uber Black platform
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`pursuant to the second employment agreement with Uber in retaliation to Youssef’s participation
`
`in the peaceful protest.
`
`37.
`
`Youssef has been approximately damaged two hundred thousand dollars
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`($200,000.00) in lost earnings due to Uber’s breach of the first and second employment agreement.
`
`38.
`
`There are amounts due as to reimbursement for expenses and loans as well as
`
`possible taxes that may be owed related to the Property.
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`39.
`
`All books of accounting or records concerning the income and expenses are in the
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`possession of Defendants, and they have refused to produce the same or allow any such documents
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`to be reviewed.
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`5
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`Case: 1:19-cv-08106 Document #: 1 Filed: 12/11/19 Page 6 of 6 PageID #:1
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`PRAYER FOR RELIEF
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`As a proximate result of the foregoing facts, Plaintiff has suffered loss of past and future
`
`wages and bonuses, the value of lost past and future benefits, and incidental damages.
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`WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
`
`A.
`
`Grant Plaintiff a permanent injunction enjoining Defendant Uber, its agents,
`
`successors, employees, attorneys, and those acting in concert with Defendant and at
`
`Defendant’s request, from continuing to violate the First Amendment;
`
`B.
`
`Grant Plaintiff compensatory damages, including damages for reliance on the
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`employment agreement with Uber by his purchase of the Lincoln Navigator;
`
`C.
`
`D.
`
`E.
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`Grant Plaintiff all lost wages, past and future, to which he is entitled;
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`Grant Plaintiff punitive damages in an amount to be determined at trial; and
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`Grant Plaintiff such other relief and benefits as the cause of justice may require,
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`including but not limited to, an award of costs, attorneys’ fees, and interest.
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`DEMAND FOR TRIAL BY JURY
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`Plaintiff requests a jury trial on all issues of fact and law raised by the allegations in this
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`Complaint.
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`Dated: December 11, 2019
`
`By:
`
`/s/ Mason S. Cole_____________
`Mason S. Cole
`
`Cole Sadkin, LLC
`20 South Clark Street, Suite 500
`Chicago, IL 60603
`(312) 548-8610
`mcole@colesadkin.com
`Counsel for Plaintiff
`Firm ID: 49001
`
`6
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