RDU/UCI Deactivation Clinic
Helping Drivers Fight Unfair Deactivations
Drivers identify deactivations as one of the most pressing issues we face, second only to our low pay. Deactivation can happen to any driver, at anytime, and for almost any reason. In a study by Asian Law Caucus and RDU, over 40% of drivers face a deactivation at some point in their tenure. Drivers who attempt to get reactivated are subjected to a maze of company phone numbers and automated systems, set up to block and exhaust drivers into submission.
RDU has partnered with UC Irvine's Workers Rights Clinic to help drivers navigate the deactivation process, provide resources to overturn unfair terminations, and to help fight for policy changes and regulation to give drivers the means to protect our jobs.
Here are some simple steps that you can take to protect yourself from an unjustified deactivation:
Dash Cam - Having a dash cam is generally a good idea as a rideshare driver. Dash cams can provide evidence you may need to defend yourself from false customer complaints and other safety issues. Without evidence, a deactivation may be your word against the customers, and Uber/Lyft will mostly side with the customer in disputes.
Defensive Reporting - Although you may want to swiftly forget a negative interaction with a customer, reporting that customer to the company may be the best thing to protect yourself. A customer can file a complaint against a driver for any reason, even if the driver didn't do anything wrong. If you do not report a negative interaction with a customer, the companies may view your silence as a signal of guilt. In order to protect yourself, be sure to file a report on a negative customer interaction as soon as you finish the ride. This is your chance to tell your side of the story, and it may be the difference of having a deactivation stick to you or not.
Maintain a Rating of 4.8 or higher - The driver rating system is highly flawed, and doesn't always accurately reflect the quality of service that a driver provides. However, if you are facing a potential deactivation, having a low rating can complicate any measures you take to try to get back onto the platform. Although having a high rating doesn't guarantee your protection against a deactivation, it can be a significant factor in defending yourself against one.
If you are facing a deactivation, it's important to know that under the law, Lyft/Uber operate under "at will" employment, which means that they can terminate a driver at anytime for almost any reason. Although RDU and UCI will do everything in our power to assist the drivers, it's important to note that there are cases that we cannot assist due to the limits of the law.
Here are some circumstances where we will not be able to assist:
If you primarily operate in a state other than California.
You were deactivated from a platform other than Lyft or Uber (Such as Doordash, UberEats, InstaCart).
If your deactivation occurred over 3 years ago.
If you Violated Uber/Lyft's Term of Service.
If you had no valid license, registration, or insurance while working.
If you engaged in criminal activity during work.
If you had alcohol, drugs, or a firearm in the vehicle while working.
If you denied a ride to a passenger with a service animal.
If you engaged in discrimination or harassment against a protected class (race, gender, sexuality).
If you have a rating under 4.7.
Although we have little legal protection from termination, there are instances where the companies may have violated the law or their own policies when they deactivated you. Here are examples of circumstances that the clinic can assist with.
Deactivation was caused by a customer discriminating against the driver's race, gender, sexuality, etc.
Driver was not told the reason of the deactivation, or was given contradictory reasons
Driver was deactivated after trying to enforce safety guidelines, such as safe drop offs, too many passengers, passengers not using seat belts, or customers with open alcohol containers while in the vehicle.
Driver is deactivated for any reason while having video evidence that the incident did not occur.
Driver was accused of providing incomplete or fraudulent documents, despite providing valid documentation ([roof of insurance, car inspection reports, proof of identity, etc).
If you are interested in receiving help from the deactivation clinic, please fill out the form below and the google form it redirects you to, and a volunteer will contact you if you have a good case that we could assist.