DoorDash Account Wrongful Deactivation Lawsuit Attorney

Have you been deactivated from DoorDash after a car accident that was not your fault? If so, you may have grounds to sue DoorDash for wrongful termination. These cases are fairly common with food delivery platforms, where workers are officially classified as independent contractors. This classification was exploited by DoorDash for years to deactivate workers on a whim and not provide any means of appealing the deactivation. That changed in 2017 with a class action lawsuit, in which DoorDash agreed to keep all drivers active unless they specifically violated their rules of engagement. Additionally, Dashers were given a clear system to appeal the decision if they believed they were wrongfully deactivated.

Unfortunately, these changes haven’t done much to reduce the rate of wrongful deactivations by DoorDash. Car accidents are one of the most common reasons for deactivating a DoorDash worker, and that’s fair if the driver was being careless or reckless. But what if your DoorDash account was deactivated after an accident that was not your fault?

If you are in this situation, it’s essential to speak with a California labor law attorney right away. While labor disputes typically involve employees, independent contractors also have rights when it comes to wrongful termination. Our lawyers can advise you of your rights and legal options and help you recover the losses you have suffered. Contact Normandie Law Firm and speak to a DoorDash wrongful termination lawyer.

What gets you Deactivated on DoorDash?

To figure out if you’ve been wrongfully deactivated, you will need to have an understanding of DoorDash’s deactivation policy. This policy contains an extensive list of all the reasons you may be kicked off the platform. Here is a brief overview of those reasons:

• Too many low customer ratings.
• Low completion rate – below 80% for completing orders that you’ve accepted.
• New criminal or driving violation during background checks, which DoorDash conducts regularly on all active accounts.
• Falsely marking deliveries “complete” when you did not complete the delivery.
• Being late on deliveries too many times.
• Tampering with the food or handling it in an unsafe manner.
• Using promotions or the referrals system in a fraudulent manner.
• Using your Red Card to pay for anything other than deliveries to customers.
• Scraping data on the DoorDash app or attempting to bypass security features.
• Complaints of unsafe driving (including bikes and scooters) from customers.
• Unwanted / inappropriate contact with customers or disclosing a customer or restaurant worker’s personal information.

One violation that may have caught your eye is “Complaints of unsafe driving.” Speeding, talking on your cell phone, and other reckless behavior can easily result in an accident. However, DoorDash must investigate the complaint and give you a chance to tell your side of the story before they permanently ban you from the platform. If you have been deactivated without notice or due process, please contact us at our office. We can help you explore your legal options and take action against a wrongful deactivation.
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Can you Appeal a DoorDash Deactivation?

If you have been deactivated for an accident that you did not cause, you can file an appeal through the DoorDash app or website by using their deactivation appeal form. On their website, DoorDash makes it clear that they will review the incident for any violations of their “Independent Contractor Agreement or Deactivation Policy.” If there is no such violation, they must reactivate your account.

DoorDash is also responsible for completing the investigation in a timely manner and providing a legitimate reason for why they cannot reactivate your account. If Doordash is using stall tactics to delay your appeal or not giving you a clear explanation of why you are banned, you may be able to take legal action against the company. These actions will vary depending on the reason for your termination, which may go beyond your recent accident. For example, your accident may be used as a ruse to fire you for something else, like discrimination or retaliation.

What is Workplace Discrimination?

You may be wondering why DoorDash has deactivated you when there’s clear evidence that an accident was not your fault. Additionally, you are not in violation of any of their policies, and yet, DoorDash has decided to permanently ban you from their platform. One common reason is workplace discrimination, which refers to the harassment and unfair treatment of individuals under “protected categories.” These categories include, but are not limited to:

• Race
• Ethnicity
• Sex
• Gender identity
• Pregnancy
• Breastfeeding mother
• Disability
• Sexual orientation
• Religion
• HIV /AIDS status

As DoorDash is aware of these workplace discrimination laws, they know they cannot deactivate you for a reason related to your status under a protected category. Thus, they will look for another reason, like a car accident, to deactivate your account and get rid of you permanently.

Retaliation may also be a factor in why DoorDash deactivated your account. This is when employers take vengeful actions to get back at a worker for asserting their rights or saying something negative about the company. Certainly, DoorDash has a right to deactivate your account if you are making false statements that hurt the company’s reputation. However, they cannot terminate you for things like reporting unsafe practices or giving a statement on behalf of another driver who was wrongfully terminated. They also cannot deactivate you for filing a complaint regarding harassment or wrongful treatment you are receiving from the company.

I was Deactivated from DoorDash after an Accident – Can I Sue?

Other Pages on Our Website Related to This Topic
DoorDash Accident Lawsuits – Injured on Customer’s Property
Doordash Accident Personal Injury Attorney