Grubhub Deactivation after an Accident Lawsuit Attorney
As a Grubhub driver, there are many rules you must follow in order to comply with the company’s terms of services. If you violate any of these rules, your account may be deactivated, meaning you cannot accept any more deliveries. One violation that can lead to deactivation is a car accident, but only if you are responsible for causing the accident.
What happens, then, if you are deactivated and permanently banned from the platform for an accident that was not your fault? If this is the problem you are facing, you may be able to take legal action against the company, including a lawsuit for wrongful termination. Such lawsuits are not uncommon with Grubhub and other food delivery apps. These companies are known for exploiting their drivers’ status as independent contractors. However, even those who are not classified as “employees” have certain rights and protections, such as the right to appeal an accusation that’s been made against them. Grubhub also has to prove that the employee committed a clear violation of their Terms of Use.
If your contract with Grubhub was wrongfully terminated, there are legal actions you can pursue in order to recover your monetary losses. But there are many aspects of the legal process you will need to understand in order to succeed in one of these cases. To learn more about your rights and legal options, contact our law firm and speak to a California labor dispute attorney.
What Disqualifies you from Driving for Grubhub?
Even if you are not responsible for a car accident, Grubhub may insist that there are other reasons for why they deactivated your account. To have a case for wrongful termination, you will need to make sure that you did not commit any other violations under the company’s “Prohibited Conduct” policy. This policy explains all the things you are not allowed to do as a delivery driver for Grubhub. Prohibited conduct includes, but is not limited to:
- Accepting orders that you cannot complete.
- Delivering alcohol to a customer without verifying their age through a valid photo ID..
- Accessing, or attempting to access the app using a different ID.
- Harassing or intimidating a Grubhub employee, driver, partner, or customer.
- Falsely indicating that a delivery was completed.
- Cancelling an order or not completing a delivery without good reason, such as a medical emergency.
- Customer complaints (also from restaurants) of unsafe or unprofessional conduct.
That last category can be used to deactivate a Grubhub account if the driver caused a car accident. However, Grubhub must conduct an investigation to determine who is legally at fault. The company can suspend your account during this time, but they must provide you with a way to appeal their decision. If they go ahead and permanently ban you from the platform without giving you a chance to prove your case, that may be grounds for a wrongful termination lawsuit.
How do I Appeal on Grubhub if my Account is Deactivated?
There are certain actions you will need to take before you can file a wrongful termination lawsuit against Grubhub. The most important step is to appeal the deactivation, which will give the company a chance to hear your side of the story, and hopefully, reactivate your account. You can file an appeal by going to the Grubhub website and filling out their online appeals form. A decision regarding your submission will be sent to you via email by the company’s appeals team.
Perhaps you’ve already heard back from Grubhub, and they are still claiming that you’re at fault for the accident. Alternatively, they may state that you were deactivated for other reasons, which are not clearly explained. In situations like these, it’s best to speak with an attorney that’s experienced in delivery app wrongful deactivation claims. These cases can be incredibly complicated, and it’s possible that the accident is just an excuse to fire you for another reason altogether. A common example is workplace discrimination, which refers to an employer subjecting a worker to unfair treatment based on characteristics like race and gender.
What is Workplace Discrimination?
It’s a bold move for a third party platform to deactivate a delivery driver over an accident that’s not their fault. Why would Grubhub take such a risk? One possibility is that they’re convinced of their right to do so, since Grubhub drivers are independent contractors. This is not true, but it’s a common defense that food delivery apps continue to rely on. Or, Grubhub is confident in their ability to engage in stall tactics that will frustrate the worker and make them give up on trying to get their account reactivated.
But there’s one other possibility that we’ve encountered in quite a few of these wrongful deactivation cases. An accident, even one that’s not your fault, may be an excuse to terminate your contract due to workplace discrimination. This is a specific form of discrimination that’s based on a “protected category” under federal laws. These categories include:
- Race
- Age
- Ethnicity
- Nationality
- Sex
- Religion
- Gender identity
- Sexual orientation
- HIV status
- Crime victim status
- Pregnancy
- Breastfeeding accommodations
- Disability status
- Veteran status
Unfair treatment from an employer, such as harassment, demotions, and termination due to your status under one of these categories is illegal. If you’ve taken action to assert your rights, like filing an HR complaint, the company may start to look for reasons to fire you, and a car accident was that perfect opportunity.
This is known as retaliation, and it’s illegal according to state and federal labor laws. Retaliation can also be at play if you made the company look bad or caused them to lose money, like in a lawsuit that was filed by another driver. If you gave testimony that helped that driver’s case, the company may be using the accident as a ruse to get rid of you, even though you did nothing wrong. A wrongful termination attorney can protect your against such underhanded tactics and fight to recover the damages you deserve.
Can I Sue if I was Deactivated from Grubhub after an Accident?
Yes, you are able to file a lawsuit against Grubhub if your account was deactivated due to an accident that was not your fault. Additionally, you did not engage in any actions that violated their “Prohibited Conduct” policy. However, proving both of these points to the court’s satisfaction is very difficult for the average person. Based on our many years of experience, we know the type of evidence that will be required, which can only be obtained through a detailed investigation.
Aside from investigating your accident, we may also need to prove a case of workplace discrimination and retaliation. If those issues are involved, there are specific procedures related to workplace violations, which we will need to resolve before a lawsuit can be filed. One thing you can be sure of is our ability to take immediate action and bring you the damages you’re entitled to. The key to winning these lawsuits is working with a firm that specializes in car accidents, as well as labor disputes. That’s precisely what we can offer you at DTLA, so please give us a call as soon as you can.
Speak to a Wrongful Termination Lawsuit Attorney
Are you a Grubhub driver whose account was deactivated for an accident that you did not cause? If so, please speak with the lawyers of DTLA as soon as possible. You may have been wrongfully terminated by Grubhub, which allows you to seek monetary damages through a civil lawsuit.
Our attorneys will advise you of your rights and help you initiate a claim against the company for wrongfully deactivating your account. Then, we will take any and all available measures to bring you compensation, and best of all, we will do it at no cost to you. Under our Zero fee guarantee, all our fees are paid at the end of your case, and at that point, it’s the other party that’s paying our legal fees. That way, your finances are never at risk since we only get paid if you get paid.
Contact DTLA Law Group and schedule a free case evaluation with one of our attorneys.
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How to Sue Belkin for Defective Charging Banks
If you intend to file a product liability lawsuit against Belkin, you must show that the company was negligent in some way. Product liability lawsuits can be filed if you can prove at least one of the following points about the product:
- There was a design error present with the charging bank
- There was a manufacturing error that occurred when the charging bank was being made in the factory
- There were no hazard signs or symbols on the charging bank or on the packaging
The charging banks had a defect in the wiring, so it is likely that the materials were faulty or that there was a design that did not account for the small space or power usage.
You should make sure to go to the hospital to get medical treatment for your injuries. It is not recommended that you wait too long to visit a doctor. If you do not get treatment quickly, your injuries may worsen, or you may find that the insurance agent will doubt the validity of your claim. He can say that you were shocked by another item or in another incident, and he will say that the defective item was a convenient scapegoat. You should also make sure that you get copies of all medical documents, test results, doctor’s statements, hospital receipts, and more from the treatment center.
You can take photos of the damages from the electric shock, and you can also take pictures of the charging bank to show that the item caught fire, if applicable.
There may have been eyewitnesses who saw the incident happen or who can testify that the bank was defective. You can add their statements to your claim to bolster it. The more support you have from people who saw the incident, the stronger your case will be.
You may want to throw the charging bank away, try to repair it, or return it for a refund. You should do none of this. It is important that you keep the charging bank as it is and preserve it, as it is the most important piece of evidence you have. If you get rid of it, the insurance company can claim that there’s no way for the defect to be examined, since it is not present at all.
You may have a receipt showing that you bought the charging bank. You can make copies of this, or copies of a bank statement or email showing that you paid for the item.
You will benefit by hiring a product liability lawyer to handle your case for you. If you have never taken legal action, you may not know the first thing about moving forward with a defective product claim. An attorney can gather your proof, negotiate with the insurance agent, and keep you updated throughout the process while you recover and return to regular life.
Statute of Limitations to File a Product Liability Lawsuit
California has a statute of limitations of two years from the date of the injury if you wish to file a claim to receive compensation for damages. If you do not sue within this time period, you won’t be able to receive any restitution, and your claim will be thrown away. Often, individuals fail to understand the correct amount of time or do not know that there is a statute of limitations in the first place. It is important that you speak with a lawyer to determine how much time you have left on your case.
There is the possibility for your statute of limitations to be extended, but this will only happen in certain situations. If you were under 18 years old, you cannot sue without a legal guardian representing you, so you can wait until you turn legal age before the statute of limitations counts down. You also may have been left incapacitated and unable to sue, so the statute won’t start until you return to health. Further, the defendant must be in California – if he has left the state, the deadline will count down when he returns.
Earnings from a Product Liability Claim against Belkin
The value of a product liability lawsuit will largely be determined by the injuries you suffered and how extensive they were. If you were seriously hurt, you will potentially receive a larger settlement offer than if you only suffered minor injuries. The insurance agent wants to preserve profits and not pay out settlements, and we aim to bring you the maximum settlement available under the law. Our goal is to secure you compensation for the following:
- Medical bills and expenses from the past and future for surgery, hospitalization fees, medication, physical therapy, and more
- Lost wages if you were unable to work or could not return to work in the future
- Property damage to cover lost items and personal belongings
- Pain and suffering damages to account for emotional trauma, anxiety, PTSD, fear, and more
You should not be expected to foot the bill for all of these expenses if you were not responsible for the incident in the first place. A defective product claim can allow you to receive the compensation you need to pay for these damages.
Our Firm’s Promise
Our goal at the Downtown LA Law Group is to ensure that you are wholly covered for your losses if you were hurt because of a defective product. Our product liability lawyers are known as the best in town, and we have years of experience and numerous reviews to back us up. We will stop at nothing to bring you every penny you deserve, even if it means going to court to defend your rights.
For a free legal consultation, call our law offices today. All consultations are confidential and your private information or case details will not be shared elsewhere. We will also give you our zero fee guarantee on your case. We won’t get paid unless and until we win. If we lose, we get nothing at all. Either way, your finances will not be altered by pursuing legal help with us.
Don’t hesitate to contact the Downtown LA Law Group if you wish to sue Belkin for injuries from a defective charging bank.
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