I work with a gig worker advocacy organization and wanted to add some legal context to this thread that might help people who are going through deactivation disputes.
First, the legal landscape for gig worker protections is evolving. Several cities and states have passed or are considering laws that require platforms to provide specific reasons for deactivation and offer a meaningful appeal process. New York City's Local Law 2023/151 requires food delivery apps to provide written reasons for deactivation and an opportunity to be heard. Washington state and California have similar protections in various stages of implementation.
Second, there is a growing body of arbitration decisions finding that platforms violated their own Terms of Service by deactivating workers without following their stated procedures. If Instacart's Shopper Agreement says they will investigate before deactivation but they auto-deactivated based solely on an algorithm, that could be a breach.
Some practical steps beyond what has already been mentioned:
- File a complaint with your state AG. Attorneys General in several states (California, New York, Illinois) have consumer protection divisions that accept complaints about gig platforms. The more complaints they receive, the more likely they are to investigate patterns.
- Check if you signed an arbitration agreement. Most Instacart shoppers did, but some opted out within the 30-day window. If you opted out, you may have the option of small claims court or a class action.
- Document lost income. If you need to pursue any legal remedy, you will need to show damages. Keep records of your average weekly earnings for the months before deactivation.
@nadiya_a_5 -- glad you got reactivated. The fact that the customer faced no consequences is unfortunately typical. Platforms externalize the cost of fraud prevention onto workers rather than investing in better customer verification. This is exactly the kind of systemic issue that advocacy organizations are trying to address through legislation.