Are you a DoorDash driver that had your account deactivated after a car accident, even though you were not at fault? In that case, you may have a case against DoorDash for wrongful termination. Unfortunately, wrongful deactivation is a common occurrence among food delivery workers that work for third party platforms. As you may be aware, these workers are independent contractors, and that’s something companies like DoorDash can easily take advantage of. For years, DoorDash used a driver’s independent contractor status to deactivate them without good cause. A lawsuit in 2017 by former DoorDash workers brought about positive changes, most notably, a system that allowed drivers to appeal a deactivation before they were permanently banned.
In spite of these changes, wrongful deactivation is an on-going problem for DoorDash delivery drivers. Let’s take car accidents, for example, which is one of the top reasons to deactivate a Dasher’s account. If the worker was driving recklessly or caused the accident in some other way, then it would be fair to terminate their contract. However, some drivers are permanently deactivated even if the accident was not their fault.
If you are one of these unfairly deactivated drivers, contact our office right away. If you were deactivated for a car accident that you did not cause, you have the right to pursue a claim for wrongful deactivation. However, you will need guidance from a California labor law attorney, as wrongful termination cases are challenging to win. To learn about your rights and legal options, give us a call and schedule a free consultation.
Why DoorDash Drivers get Deactivated
The first step to figuring out if you’ve been wrongfully terminated is to examine DoorDash’s deactivation policy. This policy provides an exhaustive list of all the reasons your account may be deactivated. While we can’t go into all of them, here is an overview of the most common reasons to ban someone from the platform:
- Low ratings from too many customers.
- A delivery completion rate that falls below 80%.
- Failing checks for driving or criminal violations, which are conducted randomly by DoorDash.
- Indicating that a delivery is “complete” when it was not completed.
- High rate of late deliveries.
- Deliberately tampering with a customer’s order or handling food in an unsafe manner.
- Fraudulent use of the company’s referrals system or company promotions.
- Fraudulent use of your Red Card, such as using it to pay for thing others than a customer’s order.
- Scraping, copying, or retrieving data from the DoorDash platform or attempting to bypass security features in order to conduct such activities.
- Customer complaints of unsafe driving practices.
- Disclosing a customer or restaurant worker’s personal information without proper authorization.
“Customer complaints of unsafe driving” should be taken seriously and investigated by the company. However, DoorDash cannot automatically assume that you are at fault and permanently deactivate your account. If DoorDash permanently banned you and did not give you a chance to appeal the deactivation, please contact our office and speak to a wrongful termination lawsuit attorney.
How to Appeal a DoorDash Deactivation
If DoorDash gives you a chance to appeal the deactivation, it’s essential that you follow through on the process and cooperate with their requests for information. To file an appeal, you’ll need to go to the DoorDash website and locate the online form for a deactivation appeal. Once you submit this form, it will be reviewed by the company to see if there is a violation of their “Independent Contractor Agreement or Deactivation Policy.” This language is important, because it implies that your account will be reactivated if no such violation is found.
While DoorDash has a right to investigate your accident, they must complete the investigation in a timely manner. At the end of their investigation, they must give you a clear and legitimate reason as to why your account cannot be reactivated. If DoorDash is failing in either of these areas, you may have grounds to sue the company for wrongful termination. However, you will need to determine all the factors that are involved in your account deactivation, which may include circumstances other than your accident. In some of these cases, we find that the accident is an excuse to fire the employee for reasons involving discrimination.
What Qualifies as Workplace Discrimination?
Many clients have come to us with clear cut cases of wrongful deactivation by a food delivery platform. There’s strong evidence to show that they are not responsible for the accident, and that there were no violations of DoorDash’s terms of service. So why is the company insisting on deactivating the driver’s account? One possible reason is workplace discrimination, or the unfair treatment of an individual due to a certain characteristic. Discrimination includes harassment, denial of workplace accommodations, and inappropriate remarks or questions based on one of the following categories:
- Gender identity
- Sexual orientation
- Country of origin
- Disability status
- Crime victim status
- Status as a breastfeeding mother
- Veteran status
- HIV status
- Genetic information
If you’ve faced discrimination due to any of these factors, you may have filed a complaint with Human Resources, which is your right as a DoorDash worker. Unfortunately, a worker asserting their rights can cause a company to get upset and look for a reason to get rid of the employee. In this type of situation, it’s possible that DoorDash may be using the accident as a way to get back at you for filing a complaint with HR. This is a classic form of workplace retaliation, and it’s illegal under California’s labor laws.
DoorDash workers can also face retaliation for reporting unsafe or illegal work practices to the authorities. Or, they may have spoken to a lawyer or law enforcement agent on behalf of another driver who was wrongfully terminated. These elements may be a factor in why DoorDash chose to deactivate your account, which is why it’s important to speak with an attorney right away.
Can I Sue if I was Deactivated from DoorDash after an Accident?
Two elements would have to be established in order for you to initiate a lawsuit against DoorDash:
- DoorDash deactivated your account for a car accident that you did not cause.
- You did not commit any of the violations listed in their Deactivation Policy.
Proving these points comes with many challenges, especially when workplace issues like discrimination and retaliation are involved. Even without these issues, the burden of proof is on you when it comes to who is at fault for a car accident. Proving that you are not responsible requires extensive evidence, including dash cam footage, witnesses statements, and testimony from accident scene investigators.
Compiling this evidence and making a case for compensation requires a law firm that’s experienced in car accident cases and California labor disputes. Here at DTLA Law Group, we have attorneys that specialize in both of these areas. To get started on a claim for wrongful termination against DoorDash, contact our office and schedule a free case evaluation.
How do I File a Lawsuit against DoorDash?
Wrongful termination lawsuits are incredibly complex, and even more so when they involve third party platforms like DoorDash. Contacting a lawyer is the best way to ensure a successful outcome in these cases. A lawyer can take care of the steps you will need to resolve before you can file a lawsuit. Then, they can file a claim on your behalf and make sure that you recover all the damages you deserve.
For more information on how to file a wrongful termination lawsuit against DoorDash, contact the lawyers of DTLA.
The Wrongful Termination Lawyers of DTLA Law Group
If you have been wrongfully deactivated by Doordash for an accident that was not your fault, it’s essential to seek advice from a California labor law attorney. Monetary compensation may be available to you, but you must take action right away to be successful in a case for wrongful termination.
The lawyers of DTLA are waiting to speak with you during a free consultation. If proceeding with a legal action is in your best interest, we will take immediate action your case at no upfront cost to you. We offer a Zero fee guarantee, so there is nothing you have to pay us, even if your case goes to trial. We only get paid once you receive your settlement, and if don’t win your case, you will not be responsible for any of our fees. To find out more about your legal options, please give a call and speak to a wrongful termination lawsuit attorney.