🚗 Overview: Rideshare Deactivation
Uber, Lyft, DoorDash, Instacart, and other gig economy platforms can deactivate drivers and shoppers with little notice and often without clear explanation. But in California, you have rights - including appeal protections under Prop 22 and potential misclassification claims under AB 5.
⚠ The Unique Legal Situation for Gig Workers
California rideshare drivers exist in a legal gray zone:
- Prop 22: Classifies you as an independent contractor with specific protections
- AB 5: Under the ABC test, many drivers would be employees
- The tension: You may have claims as BOTH a contractor (under Prop 22) AND as a misclassified employee
Common Reasons for Deactivation
⭐ Rating Manipulation
Riders or customers giving false low ratings. Algorithm-based deactivations without human review of complaints.
🔎 Background Check Errors
Incorrect criminal records, mixed up with someone else, or using old records that should be excluded.
🔒 Account Theft/Fraud
Someone else accessed your account. Fraudulent activity you didn't commit. Identity issues.
🚫 Safety Report
Passenger complaint about driving, behavior, or alleged safety incident. Often one-sided with no investigation.
🕐 Cancellation Rates
Too many ride cancellations, even if for legitimate safety reasons.
💰 Fraud Allegations
Allegations of fare fraud, fake rides, or promotional abuse - often without evidence shown to driver.
Whether You're Fighting Deactivation OR Responding to a Claim
This guide covers both sides:
- Deactivated drivers: How to appeal, what claims you may have, and how to demand reinstatement
- Platforms or legal reps: Understanding driver rights and exposure under California law
⚖ Legal Basis
California provides multiple legal protections for rideshare and gig workers, creating both contractor protections and potential employee claims.
AB 5 codified the "ABC Test" for determining employee vs. contractor status:
- A - Control: Is the worker free from control and direction in performing work?
- B - Usual Course: Is the work outside the usual course of the hiring entity's business?
- C - Customarily Engaged: Is the worker customarily engaged in an independent business?
Under this test, rideshare drivers would likely be employees. While Prop 22 exempts rideshare from AB 5 for most purposes, misclassification claims may still apply for certain protections.
Prop 22 classified app-based drivers as independent contractors but provided specific protections:
- Earnings floor: Minimum 120% of local minimum wage for engaged time
- Healthcare stipend: For drivers averaging 25+ hours/week
- Accident insurance: Occupational accident coverage
- Anti-discrimination: Protection from discrimination
- Written policies: Right to written deactivation policies
- Appeal rights: Right to appeal deactivations
PAGA allows workers to sue on behalf of themselves and other workers for Labor Code violations:
- Representative action: Sue on behalf of all affected drivers
- Penalties: $100/violation for first violation, $200 for subsequent
- Per pay period: Penalties accrue each pay period
- Arbitration may not apply: PAGA claims often survive arbitration clauses
PAGA claims based on misclassification can result in massive penalties across thousands of drivers.
California's UCL provides broad protection against unfair business practices:
- Unlawful: Violation of any law
- Unfair: Practices that violate public policy
- Fraudulent: Conduct likely to deceive
Wrongful deactivation without proper process may constitute unfair business practices.
Most rideshare platforms require arbitration for disputes:
- Uber: Binding arbitration through AAA
- Lyft: Binding arbitration through AAA
- DoorDash: Binding arbitration
- Opt-out: Many agreements allow 30-day opt-out of arbitration
- PAGA exception: PAGA claims may not be subject to arbitration
Check your driver agreement - if you opted out of arbitration, you may have more options.
Labor Code 2750.3 (AB 5)
Codifies the ABC test for determining worker classification. Workers are presumed employees unless all three prongs are satisfied.
Proposition 22 (Business & Professions Code 7450+)
Exempts app-based drivers from AB 5 but requires specific protections including written policies, appeal rights, and minimum earnings guarantees.
Labor Code 2698 (PAGA)
Allows aggrieved employees to bring representative actions for Labor Code violations, recovering penalties on behalf of all affected workers.
🚫 Types of Wrongful Deactivation
Different types of deactivation have different legal strategies and evidence requirements.
Rating Manipulation / Algorithmic Deactivation
Platforms use ratings to deactivate drivers, but the system can be gamed:
- Retaliatory ratings: Riders giving 1-star after disputes over routes, tips, or service
- Rating fraud: Competitors or bad actors systematically lowering ratings
- No human review: Algorithm deactivates without reviewing context
- Racial/demographic bias: Studies show rating disparities by driver demographics
💡 Prop 22 Requires Written Policies
Under Prop 22, platforms must maintain written policies on deactivation, including rating thresholds. Request a copy of the written policy - if the platform can't produce one, or didn't follow it, this strengthens your appeal.
Background Check Errors
Background check deactivations are often based on errors:
- Wrong person: Similar names, DOB confusion
- Expunged records: Using records that should be sealed or expunged
- 7-year rule: Using arrests/convictions older than 7 years (CA limits)
- Pending cases: Deactivating for arrests without convictions
- FCRA violations: Failure to provide copy of report or dispute rights
Account Theft / Unauthorized Access
Someone else used your account - you shouldn't be penalized:
- Account sharing: Someone else logged into your account
- Hacked account: Unauthorized access you didn't authorize
- Identity theft: Someone using your credentials fraudulently
Safety Report / Rider Complaint
One-sided complaints without investigation:
- False accusations: Rider made up or exaggerated incident
- Mutual conflict: Rider caused the problem but only their version heard
- Discrimination: Complaint motivated by driver's race, gender, etc.
- No evidence: Deactivation based solely on accusation
⚠ Document Everything Immediately
When deactivated, immediately document what you know:
- Screenshot any messages from the platform about deactivation
- Note the date, time, and your last rides before deactivation
- If you know the passenger involved, note their name/pickup location
- Request your full driver data from the platform
📜 Prop 22 Protections
Proposition 22 provides specific protections for app-based drivers in California that platforms must follow.
Your Rights Under Prop 22
| Protection | What It Means |
|---|---|
| Written Deactivation Policy | Platform must have written policy explaining when and how drivers can be deactivated |
| Right to Appeal | You have the right to appeal any deactivation decision |
| Notice of Deactivation | Platform must notify you of deactivation and the reason |
| Anti-Discrimination | Cannot be deactivated based on protected characteristics |
| Non-Retaliation | Cannot be deactivated for exercising legal rights |
The Appeal Process
📝 Step 1: Request Reason
Demand a written explanation of why you were deactivated, citing Prop 22's written policy requirement.
🔢 Step 2: File Internal Appeal
Use the platform's internal appeal process. Document everything and keep copies.
📄 Step 3: Escalate
If internal appeal denied, escalate through executive contacts, legal demand, or regulatory complaint.
⚖ Step 4: Legal Action
If appeal fails, pursue arbitration (if required) or litigation for damages.
💡 The Misclassification Argument
While Prop 22 treats you as a contractor, you may still have claims as a misclassified employee for:
- Wrongful termination claims (if you're actually an employee)
- PAGA claims for Labor Code violations
- Wage and hour violations during your time driving
- Expense reimbursement claims
This dual-track approach can create significant leverage in negotiations.
✅ Evidence Checklist
Gather this documentation to support your deactivation appeal or legal claim.
📱 Platform Records
- ✓ Deactivation notification (screenshot/email)
- ✓ All app messages about the deactivation
- ✓ Your rating history and trends
- ✓ Data download (request your full data)
📈 Earnings Records
- ✓ Weekly/monthly earnings statements
- ✓ Tax documents (1099s)
- ✓ Bank deposits from platform
- ✓ Hours worked / trips completed
🔎 Background Check
- ✓ Copy of background check report
- ✓ Court records if needed to dispute
- ✓ Expungement orders if applicable
- ✓ Dispute correspondence with Checkr/Sterling
📩 Communications
- ✓ All emails with platform support
- ✓ Chat transcripts with support
- ✓ Appeal submissions and responses
- ✓ Any written policy documents received
💡 Request Your Data
Under California's CCPA, you have the right to request all personal information the platform has collected about you. This includes ride history, ratings, complaints, and internal notes. Submit a CCPA data request immediately after deactivation.
📈 Calculate Damages
Wrongful deactivation damages can be substantial, especially if you can pursue misclassification claims.
| Damage Type | Description | Potential Amount |
|---|---|---|
| Lost Earnings | Income lost during wrongful deactivation | Weekly earnings x weeks deactivated |
| Misclassification Wages | Unpaid overtime, expenses, min wage violations | Varies widely based on driving history |
| PAGA Penalties | $100-200 per pay period per violation | Can be massive in representative actions |
| Expense Reimbursement | Mileage, phone, other unreimbursed expenses | $0.67/mile x miles driven |
| Emotional Distress | Stress, anxiety from wrongful deactivation | Varies by severity |
📊 Sample Damages Calculation - 6 Month Driver
Example: Full-time driver earning $1,500/week, deactivated for 8 weeks
💡 PAGA Multiplier Effect
If your claim can be pursued as a PAGA representative action, penalties multiply across all affected drivers. A claim that might be $5,000 individually could become millions when applied to thousands of drivers with similar violations.
📝 Sample Demand Language
Customize these templates for your deactivation appeal or demand letter.
Under California Proposition 22 (Business and Professions Code Section 7451), app-based drivers have the right to: (1) written deactivation policies, (2) notice of deactivation reasons, and (3) the opportunity to appeal deactivation decisions.
I have not been provided with a clear, specific reason for my deactivation. The notice I received stated only: "[QUOTE THE REASON GIVEN]." This is insufficient to allow me to respond to any allegations or correct any misunderstanding.
I request:
1. A detailed written explanation of the specific conduct or incident that led to my deactivation;
2. Any evidence relied upon in making this decision;
3. A copy of the written deactivation policy referenced in making this decision;
4. Immediate reinstatement of my account pending review.
I have been a driver on your platform for [TIME PERIOD], maintaining a [RATING] rating over [NUMBER] trips. I believe this deactivation is in error and request prompt reconsideration.
[CHOOSE APPLICABLE REASON]
- The record belongs to a different person with a similar name
- The record was expunged/sealed on [DATE] (see attached order)
- The record is more than 7 years old and cannot be used under California law
- The arrest did not result in a conviction
Under the Fair Credit Reporting Act, I have the right to dispute inaccurate background check information. I have filed a dispute with [CHECKR/STERLING] and attach supporting documentation.
I demand immediate reinstatement pending correction of this error. Each day of wrongful deactivation causes me to lose approximately $[DAILY EARNINGS] in income.
PROP 22 VIOLATIONS
Your client failed to comply with Proposition 22's requirements by:
1. Failing to provide written deactivation policies as required by B&P Code 7451;
2. Deactivating without providing specific reasons or evidence;
3. Denying meaningful appeal process.
MISCLASSIFICATION CLAIMS
Without waiving the position that Proposition 22 was unconstitutional, my client reserves all claims arising from their misclassification as an independent contractor, including but not limited to:
- Unpaid overtime under Labor Code 510
- Unpaid minimum wages under Labor Code 1182.12
- Unreimbursed business expenses under Labor Code 2802
- Meal and rest break violations under Labor Code 512, 226.7
- PAGA penalties under Labor Code 2698 et seq.
DEMAND
We demand:
1. Immediate reinstatement to the platform;
2. Back pay for lost earnings of $[AMOUNT];
3. Resolution of underlying misclassification claims.
Please respond within 14 days. If this matter is not resolved, we will pursue arbitration (to the extent required) and/or PAGA claims on behalf of all similarly situated drivers.
This request includes but is not limited to:
- All trip/delivery history and earnings data
- All ratings I have received and given
- All complaints or reports filed against me
- All internal notes, flags, or designations on my account
- All communications between your company and passengers/customers about me
- All data used in deactivation decisions
- All background check information
My account information:
Email: [EMAIL]
Phone: [PHONE]
Please provide this information within 45 days as required by law.
🚀 Next Steps
Here's how to proceed after being wrongfully deactivated.
Within 24 hours of deactivation:
- Screenshot deactivation notice and all app messages
- Download your earnings history from the app
- Note your last trips before deactivation
- Submit CCPA data request to the platform
- Request copy of background check if that was cited
Use the platform's appeal process:
- Cite Prop 22 protections and right to appeal
- Request specific reasons and evidence
- Provide your side of any disputed incident
- Keep copies of everything you submit
- Set calendar reminder to follow up if no response
If deactivated for background check issues:
- Request full copy of background check report
- Identify specific errors or outdated information
- File formal dispute with background check company (Checkr, Sterling, etc.)
- Provide documentation (expungement orders, court records, etc.)
- Notify platform that you've disputed the report
If internal appeal fails or is ignored:
- Send formal demand letter citing Prop 22 violations
- Include misclassification claims to create leverage
- Quantify lost earnings and other damages
- Set deadline for response (14-21 days)
- Mention PAGA potential if applicable
If demand doesn't resolve the issue:
- Arbitration: Most platform agreements require arbitration
- PAGA claim: File LWDA notice for PAGA representative action
- Class action: Join existing class actions if applicable
- DFEH complaint: If discrimination involved
- Labor Commissioner: For wage claims
💡 Arbitration Opt-Out
Most platform agreements allow you to opt out of arbitration within 30 days of signing up. If you opted out, you may have more options for legal action. If you didn't opt out, most claims must go through arbitration - but PAGA claims may still be brought in court.
Need Help With Your Deactivation?
I personally handle rideshare deactivation appeals and claims. Demand letters: $450 flat fee. Contingency available for larger claims including PAGA actions.
Schedule Consultation Email Me