Uber is one of the biggest companies today; it is in dozens of countries and employs thousands of drivers. The drivers are generally characterized as independent contractors who work on their own schedules and can choose to take as many breaks as they want. However, this characterization has led to many issues, namely in the event of accidents and injuries. It has also resulted in many drivers being unsure of where they stand with the company in terms of employment. Some drivers have found that they have been deactivated for seemingly no reason. This form of wrongful termination has caused drivers to question the validity of the company’s actions, and as a result, many are curious if they can sue Uber for wrongful deactivation or wrongful termination. Our law firm, the California Labor Law Employment Attorneys Group, can ensure that Uber pays for specific damages if you were discriminated against or illegally fired.
How can I become an Uber driver?
In order to drive for Uber and earn money, you must meet a certain number of requirements. These requirements are monitored and checked out remotely; you will get a notification email or a notification through the app that you can start driving. If you do not meet the requirements, you may not be able to get behind the wheel. These are some of the necessary requirements for starting out as an Uber driver:
- You must own a vehicle that is no older than 15 years old and has 4 doors
- The vehicle must pass inspection
- You must pass a background check going back 7 years
- You must have a clean driving record with no history of repeated offenses like DUIs
- You must possess a valid in-state driver’s license
- You must have adequate insurance coverage and registration for your vehicle
- You must be the individual on the insurance policy for the vehicle
If you fail any of these points, you may not be able to drive for Uber. Bear in mind that you can also be deactivated for them throughout the time you spend driving. For example, if your insurance lapses and you continue to drive, you will likely be deactivated. Even though Uber provides its drivers with its own insurance coverage, drivers must still have their own.
What are common reasons for Uber termination?
Uber drivers can be terminated for a number of reasons. Uber pays close attention to the rating system and makes sure that riders are generally satisfied. They do not want their riders to feel unsafe or to be involved in any accidents. If an Uber driver’s rating drops, there may be actions taken, and deactivation can occur. Some common reasons for Uber termination or deactivation include:
- A driver violated Uber’s code of conduct in some way, such as by refusing rides to individuals due to discriminatory reason or assaulting passengers
- Riders consistently gave the driver low ratings or made negative comments about the condition of the vehicle, the actions of the rider, and more
- A driver was driving dangerously, speeding, driving while intoxicated, running red lights, and much more
- The terms of service agreement was violated in some way
- The driver had other individuals in the care besides riders
- The driver refused many rides without taking any or canceled rides midway through
These are all very valid reasons for deactivation. However, some Uber drivers are genuine drivers and do not partake in such actions. They may still find themselves wrongfully deactivated for various reasons, including:
- Discrimination based on religion, skin color, sex, race, nation of origin, pregnancy status, disability, and more
- Retaliation for discussing the company
- Taking the time to provide testimony for another driver’s claim against Uber
- Alerting authorities to illegal practices or unsavory business models carried out by Uber
All of these actions are part of the main wrongful termination causes. We often see individuals face heavy discrimination for specific traits.
What are protected classes in California?
California is one of the states with the most protections for its workers. There are various Federal protections available, but California increases this number by quite a bit. If you believe that you were terminated by Uber or your account was deactivated for any of the following reasons, you may have ample grounds for a claim.
- Nation of origin
- Mental disability
- Physical disability
- Sexual orientation or preferences
- Gender identity
- Gender expression
- AIDS/HIV affliction
- Medical condition
- Political activities or affiliations
- Age (for individuals over 40 years old)
- Genetic information
- Status as a veteran
- Status as a victim of domestic violence or assault
- Marital status
Uber cannot fire its workers on account of these classes, even if the workers are classified to an extent as independent contractors.
Do I have an employment case if UBER deactivates my account after an auto accident?
Many Uber drivers end up in accidents one way or another. Another individual on the road may be driving too aggressively and crash into the driver, or the Uber driver may have made an error. If you were involved in an Uber accident, it is important that you let Uber know. However, many people will refuse to because of the possibility that their accounts will be terminated.
If the Uber driver were responsible for the accident and was driving recklessly or illegally, then it is likely that the account will be terminated. On the other hand, some Uber drivers were hit by others and still end up deactivated. This can be because Uber simply does not want to deal with the driver getting into any more accidents.
It is perfectly legal for Uber to deactivated an account for a few reasons. The main issue is if the account is deactivated because of discrimination.
To set up an example, picture two different Uber drivers who were in similar accidents. Neither was at fault, and both had passengers who suffered minor injuries. Both of the drivers filed a claim with Uber pursuing compensation, but upon reviewing the profiles, Uber only granted one the compensation and fired the other. The individual who was fired was a racial minority and the incident occurred in a prominent area. Although it is not entirely clear as to the reasons for the termination, the driver may have suspicions that it was due to discrimination, and can pursue a lawsuit.
If you find yourself in an Uber accident and end up getting wrongfully deactivated, our team of attorneys can assist you.
How can I prove I was wrongfully deactivated by Uber?
The evidence you need to prove that Uber deactivated you will require a lot of different documents. For one, you will need to show evidence of any car accident, including a police report, pictures of injuries, receipts from medical treatment, and more. You should have filed an incident report with Uber and let them know, too. This will allow you to prove that the company was aware of the injuries and what kind of individual you were, such as race or sex, and was not ignorant of that information.
Next, you can provide statements from other eyewitnesses. Others may be able to attest to the nature of the termination.
It will be difficult to get any incriminating statements from Uber, but you should still communicate with them and question the reason for the deactivation. You can then add these statements to your claim, too.
You can make a copy of the terms and service agreement that you agreed to. This will show that you did not violate anything within. Similarly, you should provide counter proof to any claims about vehicle status, videos from a dashboard camera, and more. It is best to protect yourself as best you can if someone claims that you were at fault in the incident and Uber believes them with little to no proof.
Finally, you should reach out to an Uber wrongful deactivation lawyer who can help you with your case. You might not have legal experience or know how to move forward, and our attorneys will be able to secure you ample compensation for your losses. We will see to it that specific damages are covered and that you do not have to worry about reinstatement.
How We Help
The California Labor Law Employment Attorneys Group believes that all workers and contractors are entitled to fair treatment. Uber is not exempt from that philosophy. We will do everything in our power to secure you the maximum settlement available for your case, even if it means going to court. Our aggressive attorneys will fight for everything you deserve.
Call today to set up a free legal consultation with our lawyers. We will ensure that you receive the answers to any questions you have and will tell you how much we think your case is worth. If you want to hire us, we’ll also give you our zero fee guarantee. This means that you won’t have to pay a dime out of pocket for our fees. We’ll only get paid if we win, and if we lose, we’ll cover the costs ourselves.
Don’t hesitate to sue Uber if you were wrongfully deactivated after an accident or for any other reason. Get in touch with the California Labor Law Employment Attorneys Group today.