If there's one thing Uber is adamant about, it's that its drivers are independent contractors, not its employees. But Florida doesn't agree, with the state's Department of Economic Opportunity deciding last week that former Uber driver Darrin McGillis was an employee of the company, and therefore is eligible for unemployment insurance.

McGillis began driving in November for the UberXL service, which pays a higher base fare, buying a Mitsubishi Outlander to drive passengers around Miami as his primary source of income. But his vehicle was damaged in March when a scooter hit one of its back doors as an passenger exited. He told BuzzFeed he got no help from Uber when he contacted them, saying, "I told them, 'You guys need to take care of this, you have this so-called insurance.' At that point, I said, 'You need to buy this SUV from me. I bought this in January to be an Uber XL driver.' They told me to take it up with Uncle Sam. I said fine, I'll file unemployment."

McGillis claimed he should be classified as an employee, not a contractor, arguing in his complaint that Uber, quote, "directs how, where, and when drivers work." It further says, "Uber drivers are employees, they are required to follow a litany of detailed requirements imposed on them by Uber and they are graded, and are subject to termination, based on their failure to adhere to these requirements." The Department of Economic Opportunity agreed.

This isn't the first claim of its kind against Uber. Several class action suits were filed against Uber earlier this year charging that it wrongly classifies drivers as contractors, with one to be heard by a jury after a judge refused to dismiss it. So, what do you say? Are Uber drivers employees or individual contractors?