Were you deactivated on Uber Eats, Grubhub, Postmates, or DoorDash after a car accident that was not your fault? Unfortunately, this is a fairly common occurrence with delivery drivers for third party platforms. When you sign up as a driver with one of these companies, there are many rules and regulations you have to follow in order to ensure the public’s safety. These include safe driving practices, like not speeding and driving under the influence. In fact, if you are ticketed by the police while you’re on the app, you are more than likely to face deactivation. Unsafe driving can also lead to accidents, which is another reason you may be deactivated by a food delivery app.
But what if it was another driver that caused the accident? In that case, you may have a case against Uber Eats, GrubHub, Postmates, or DoorDash for wrongful termination. A wrongful termination lawsuit can help you recover the losses resulting from your account deactivation. However, cases involving labor disputes are incredibly challenging, so you must speak with a lawyer right away. The attorneys of Normandie will fight for your rights, including compensation for your economic and emotional damages. Please give us a call at your earliest convenience and schedule a free case evaluation.
Uber Eats Deactivated my Account after I was in a Car Accident that was not my Fault!
Being unexpectedly deactivated by Uber Eats or any other food delivery app can be devastating, especially if it’s your sole or main source of income. You are no doubt confused about your rights and why the company is refusing to listen to your side of the story.
Each food delivery app has their own policy for deactivation, but in general, here are the most common reasons that your account may be deactivated:
- A high rate of cancellations is one of the top reasons for account deactivation. You should receive a warning notification ahead of time, but if your cancellation rate remains high, you will most likely be deactivated.
- Faking your identity or letting someone else drive under your account are acts of fraud, which will result in immediate deactivation.
- Being late is inevitable from time to time, but consistently late deliveries will cause you to be deactivated.
- Even after you are hired, Uber Eats and other food delivery apps may conduct “check-ins” regarding your background and insurance information. Your account may be deactivated if there are any convictions, accidents, or driving violations.
- A low driver rating based on the average rating for your city is one of the top reasons for deactivation from a food delivery app.
- Reckless driving that results in customer complaints, a ticket, or a car accident.
We agree that reckless driving puts many people’s lives at risk, and such a driver should lose their privilege to work for a food delivery app. However, the driver is not always at fault for a car accident. So why do these companies deactivate the driver when someone else is responsible for the accident?
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Wrongful Termination of a Food Delivery App Driver
As previously mentioned, apps like Uber Eats and DoorDash can deactivate an account due to unsafe driving practices. However, these companies have a habit of automatically blaming the driver when there is an accident. Why do they do this?
For one thing, it saves them money. As you are probably aware, these companies provide insurance coverage for their drivers in the event of an accident, no matter who is at fault. The coverage only applies when drivers are “on the clock,” meaning they are delivering food or on the way to pick up an order. Based on the number of drivers working for each of these platforms, there’s a lot of money that has to be paid out for injury claims. To avoid dealing with any future accidents, the company may deactivate the driver’s account even if the accident is not their fault. This is unfair to the driver, who is being punished for an incident that he or she did not cause.
Retaliation is another form of wrongful deactivation. This is a type of conduct that’s meant to punish a worker when they speak out against the company or other employees. An Uber Eats, Postmates, Grubhub or DoorDash driver can face retaliation for many reasons, including:
- Saying negative things about the company
- Speaking up for another driver who was falsely accused or deactivated
- Providing testimony in an insurance claim against the company
- Reporting illegal or unethical practices by the company
If your account with a food delivery app was deactivated as an act of retaliation, you may be able to sue for wrongful termination. However, it’s essential to discuss your rights and the legal strategy you will need to take with an experienced labor law attorney. Contact our office and schedule a free consultation as soon as you can.
Account Deactivation due to Discrimination
In many cases, workers face retaliation after they file a discrimination complaint. To get back at the employee or make the negative allegations go away, the company may look for an excuse to fire the employee. Sadly, a car accident that was not the driver’s fault may be used by a food delivery app as a means to get rid of that driver.
While food delivery app drivers are independent contractors, they are still protected against discrimination in the workplace, which refers to unfair or biased treatment based on the following characteristics:
- Race
- Gender (identity and expression)
- Sex
- Religion
- Pregnancy
- Childbirth / breastfeeding mother
- Sexual orientation
- Ethnicity
- Marital status
- Veteran status
- Status as a sexual assault or domestic violence victim
- Diagnosis of AIDS or HIV
- Mental health disorder
- Age
- Physical / mental disability
- Political affiliation
- Ancestry / genetic information
If you believe workplace discrimination is behind your account deactivation, please give us a call at our office. This is a serious offense that merits compensation, but you must take action right away to gather evidence and build a strong case to support your claim.
What can I do if my Account was Falsely Terminated?
If you’ve been wrongfully deactivated by a food delivery app, you must speak with an attorney right away regarding your rights and legal options. Even as an independent contractor, protections are available to you, but food delivery apps do not always comply with the laws. Legal representation is the only way to be taken seriously in these cases, though as we’ve mentioned, these cases are challenging to win.
The most important step is to investigate your accident and collect the necessary evidence to show that you were not at fault. Evidence may include dash cam footage, witness statements, medical bills, the accident report, and video footage from surveillance cameras. There are many avenues we can take to prove that you are not at fault, but evidence becomes harder to find with each passing day. Retaining a lawyer right away will give you the best chance in a lawsuit against Uber Eats, DoorDash, Postmates, or Grubhub.
Free Second Opinion
Do you currently have a lawyer but feel like they’re not giving you the time and attention you deserve? It’s not unusual for clients to be upset about the lack of communication from their attorney of the lack of progress in their case. Frankly, these cases do have periods of inactivity due to the long wait times that are not within your lawyer’s control. However, you deserve a lawyer who returns your calls in a timely manner and gives you clear, honest answers to your questions.
To learn about your options when it comes to legal representation, please call our office to schedule a free second opinion. This is your chance to have your case evaluated by one of our attorneys. We will advise you on the legal actions we can take on your behalf, and the option to switch over to our law firm. If you’re interested in doing so, we will take care of transferring your case to our law firm. However, you may decide to stay with your current attorney. In that case, you will not be charged for the consultation so there is no risk to you at any point.
If you’re ready for a free second opinion with the lawyers of Normandie, don’t hesitate to give us a call.
Contact Our Law Firm
Fair treatment in the workplace should not be something you have to fight for, but it’s an unfortunate reality for many workers. Delivery drivers for third party platforms are especially vulnerable to wrongful termination and other unfair practices in the workplace. Have you been deactivated from Uber Eats, Postmates, DoorDash, or Grubhub after an accident that was not your fault? In that case, we invite you to speak with one of our lawyers right away. We have decades of experience recovering compensation in wrongful termination cases, and we are confident that we can do the same for you.
To ensure that your finances are safe, we will offer you a Zero fee guarantee from the minute you walk through our doors. There is nothing for you to pay upfront, nor will you pay us a single penny throughout your case. We only get paid if you get paid, and if fail to recover your settlement, you owe us nothing at all. To learn about the actions we can take on your behalf, call Normandie Law Firm and schedule a free consultation or free second opinion.
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