My DoorDasher picked up my order the other day and went to a mall parking lot and sat there for an hour until the order was cancelled since DD couldn’t get ahold of them. They presumably ate it. They should be deactivated. Bad workers shouldn’t get extra protections.
Right to work doesn’t apply to contractors. You have a contract.
If you get deactivated without cause, sue.
edit: Right to work lets employees be fired without cause. Contracts can’t be breached as easily so deactivation without cause isn’t legal. Suing is easy. File a complaint with your state labor board or department of labor. The gig corp will want to settle so precedent doesn’t get set in court and lead to a big class action.
I did this to Instacart when they violated state labor laws They asked to settle. Mediation is next week so no idea yet how much they will settle for. 40k is the average for these types of cases.
edit 2: I was mixing up right to work with at will employment. My point stands though. Contractors aren’t employees and can’t be terminated without cause. Deactivating a contractor when they haven’t done anything to violate the terms of the contract is a breach of contract .
It’s actually easy. I sued Instacart for something similar.
Lodged a complaint with the state. Instacart asked to settle. Didn’t cost me a dime.
They know they’re in the wrong. It’s cheaper for them to settle. Even if they have billions they don’t want a big lawsuit. If they lose a lawsuit instead of settling out of court it sets precedent that could end their whole gig economy bullshit in a big class action.
Right to work refers specifically to laws that make mandatory union membership illegal. It has absolutely nothing to do with at-will employment, termination, or anything relevant here.
Again, that is not what 'right to work' means. You are talking about 'at-will' employment, which is a completely different topic that is essentially unrelated.
'Right to work' has to do with not being required to be in a Union in order to get a job (ie, you have a right to work at a location whether you're in the union or not).
Right to work is bullshit and definitely helped in gutting the unions, but, I'm not sure how that has to do with anything to do with gig workers at all.
Do a quick Google search for "right to work vs at will employment" because you've got them mixed up.
Additionally, the gig folks don't have a contract that protects them and they're being classified as contractors when (it's being argued) they shouldn't be. That's literally the issue.
It doesn't; this guy is just unaware of what 'right to work' means (admittedly, it's a deliberately obtuse name), and seems to have no willingness to entertain the possibility that he might not know something.
My point was contractors cannot be fired at will, even in right to work states where regular employees can be.
So, deactivating gig workers without cause is a breach of contract. Which you can easily sue for. And these assholes know they’re wrong, so they will want to settle out of court. You don’t even need a lawyer.
Any competent contractor will include a termination clause in their contract. I have signed many contracts, and every single one had language to terminate the contract under some specific circumstances.
Especially with a big company like uber they can bury a favorable termination clause somewhere in the contract, and you can’t exactly negotiate with an app if the terms aren’t to your liking.
Companies have lawyers who get paid handsomely to write language to let them get away with things. There’s no way they would be deactivating contractors if it was opening them up to significant liabilities.
