Gig Worker & Contractor Rights
Deactivated? Contract ended? Know what you're owed.
Are You Really an Independent Contractor?
Many gig workers are actually employees under the ABC test and IRS factors. Answer honestly to see if you might be misclassified.
Do you set your own hours?
You control when, where, and how long you work
Do you use your own equipment?
You provide your own tools, vehicle, phone, or software
Do you work for multiple companies?
You can work for competitors or other gig platforms simultaneously
Do you control how you do your work?
The company does not dictate specific methods or processes
Do you receive a 1099 form (not W-2)?
You are issued a 1099-NEC instead of a W-2 at tax time
Can you refuse work?
You can decline jobs without penalty
Do you provide your own training?
The company does not train you; you bring skills to the job
Can you delegate or subcontract?
You can hire others to do the work on your behalf
Do you set your own rates (or accept posted rates)?
You negotiate pricing or choose from available rate options
Know Your Rights by Platform
Uber & Lyft
Key Rights
- ✓Deactivation appeal process (though limited)
- ✓Earnings transparency and dispute rights
- ✓California Proposition 22 exemption (CA drivers)
Common Issues
- ⚠Sudden deactivation without explanation
- ⚠Earnings withheld pending investigation
- ⚠Appeal process often rubber-stamped
- ⚠Account reactivation timelines unclear
Recommended Actions
- →Document all communications with support
- →Request written explanation for deactivation
- →File appeal within their 30-day window
- →Consult employment attorney if deactivated for organizing
DoorDash & Instacart
Key Rights
- ✓Tip and earnings transparency (varies by state)
- ✓Deactivation notice (typically 10 days for first violation)
- ✓Right to dispute metrics used for deactivation
Common Issues
- ⚠Deactivation for acceptance rate (declining deliveries)
- ⚠Tip theft/tip mixing accusations
- ⚠Unclear performance metrics
- ⚠Food/item accountability disputes
Recommended Actions
- →Keep screenshots of all acceptance rates and metrics
- →Document tips received vs. app display
- →Request detailed violation evidence
- →Ask for clear performance standards in writing
Amazon Flex
Key Rights
- ✓Deactivation guidelines (though broad)
- ✓Appeal process for performance issues
- ✓Right to know deactivation reason
Common Issues
- ⚠Deactivation due to low rating (often 4.6+ required)
- ⚠Flex blocks disappearing without explanation
- ⚠Arbitration clauses limiting legal recourse
- ⚠Package delivery disputes
Recommended Actions
- →Maintain ratings above platform minimum
- →Document delivery photos/times
- →Keep copies of all flex block assignments
- →Challenge arbitration clause if deactivated for organizing
Upwork & Fiverr (Freelance Platforms)
Key Rights
- ✓Contract dispute resolution process
- ✓Payment protection (funds held until work accepted)
- ✓Ability to contest low ratings/reviews
Common Issues
- ⚠Account suspension for client disputes
- ⚠Payment withholding during disputes
- ⚠Unfair client reviews affecting future work
- ⚠Limited appeals for account bans
Recommended Actions
- →Document all client communications
- →Request written feedback before dispute escalation
- →Use resolution center before escalation
- →Build portfolio to recover from account issues
State Protections for Gig Workers
California
AB5 (ABC Test)
Presumes worker is employee unless company proves A) independent control, B) outside usual business, C) independently established trade
Massachusetts
ABC Test
Similar ABC test. Strong protections for misclassified workers; potential for minimum wage, benefits, and damages
New Jersey
ABC Test
Applies to nearly all workers; broad definition of employee status; gig workers often qualify
Illinois
ABC Test (expanding)
Covers various workers; misclassified gig workers entitled to minimum wage, overtime, and benefits
New York
Freelance Worker Bill of Rights
Requires written contracts, timely payment, and dispute resolution for independent contractors
What This Means for You
If you work for a gig platform and live in one of these states, you may have stronger protections than you think. The ABC test presumes you're an employee unless the company proves otherwise.
This shifts the burden of proof to the company—a huge advantage in misclassification disputes.
Emergency Financial & Legal Planning
File for Unemployment
If you're misclassified as an employee, you typically qualify for unemployment benefits. Many gig workers don't realize this.
Contact your state's unemployment office immediately
Contact Your State Labor Board
Report wage violations, misclassification, or retaliation. Most states investigate at no cost to you.
File a complaint at your state's Department of Labor
Document Everything
Screenshots of earnings, messages from platform, deactivation notices, appeals, everything. This is your evidence.
Create a folder with all communications and screenshots
If Deactivated for Organizing
Filing with the NLRB is possible if you can prove the deactivation was retaliation for organizing efforts.
Consult an employment attorney before any NLRB filing
Critical: Deadlines Matter
- →Unemployment claims: File within weeks of income loss
- →Labor board complaints: Deadlines vary by state (often 1-2 years)
- →NLRB organizing retaliation: Act fast; preserve all evidence immediately
Gig Worker Severance Rights Cheat Sheet
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Next Steps: Protect Your Rights
If you've been deactivated, misclassified, or had your earnings stolen, you have options. Get professional help today.
Disclaimer
This information is educational only and is not legal advice. Gig worker rights vary significantly by platform, location, and individual circumstances. The information provided is current as of the date published but employment and contractor laws change frequently. Before taking action based on this guide—especially regarding deactivation appeals, unemployment claims, or legal disputes—consult with a qualified employment attorney licensed in your state. SeveranceIQ does not guarantee any outcome and is not responsible for actions taken based on this information.