Can I Sue Instacart For Wrongful Termination? Read Best Advice

Have you been asking the question “Can I Sue Instacart For Wrongful Termination?” You really need to carefully read this post. So you have been recently fired by Instacart and you are thinking of suing the company for wrongful termination.

Understandably, it could be really frustrating and tough after getting terminated at Instacart, it’s even worst if this was your primary and only source of income.

However, you are not going to allow emotions take a hold of you as you try to resolve the issue or possibly sue Instacart for wrongful termination. While you may still go ahead to sue the company, you should understand that the word “wrongful termination” could be subjective in this situation.

You should understand that the contract between Instacart with employees (in-store shoppers and other workers), is different from their contract with full-service shoppers and delivery drivers.

On this post, we are going to deeply explain these things so you can actually understand if you are in the right standing to sue Instacart or there are better options for you.

We have written several useful posts for Instacart shoppers and customers, see them here.

Instacart Termination

Instacart can terminate any contract they had with you at any time following your inability to reach certain thresholds depending whether you are a full-service shopper, or a delivery driver.

As a shopper, your metrics are major determinants to your continuous stay as an independent contractor with Instacart.

You can get removed from the Instacart app as a full-service shopper over issues like inability to verify identify through uploading of picture, being hired to work as an in-store shopper, there are several things that can get you kicked out.

Why Did Instacart Terminate Me?

Like we have said above, Instacart don’t just deactivate any shopper without a good reason, and if you get terminated for no reason then you can always reach out to them and get it resolved.

Below are some of the reasons Instacart terminates shoppers’ accounts.
– Low batch acceptance.
– Late deliveries.
– Low speed.
– Inability to upload picture for verification.
– Sharing your Instacart account with someone else.
– Bringing someone along while fulfilling batches.
– Having your batches delivered by another person.

Whatever could be the reason, it is obvious that your metrics hit a threshold and that could be the reason you got terminated.

While still trying to find reasons why you got terminated, it’s best you look at the Instacart Contract, this will help you to understand what you actually agreed while registering on Instacart. Also read: Can Instacart Customers See My Picture?

What Does The Contract Between Instacart With Shoppers And Drivers Say?

During your registration as a shopper or a driver, you agreed to Instacart Contract which stated specifically that you are Instacart have agreed to waive the right to a trial by jury.

The Instacart Arbitration Provision is binding and effective especially for independent contractors like full-service shoppers and drivers. In the Arbitration Provision, which forms part of the Instacart Contract, every independent contractor agreed that disputes will be resolved by arbitration.

With the above terms, you had given up the right to practically sue Instacart. Part of the Arbitration Provision states;

“BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND INSTACART ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING”.

Except you opted out of the Arbitration Provision within 30 days after accepting the Instacart Contract, you literally don’t have the legal backing to sue Instacart for wrongful termination.

That being said, if you still insist on suing the company, you may have to get an attorney to review the contract you had with the company.

Can I Sue Instacart For Wrongful Termination?

You can sue Instacart for wrongful termination if you opted out of the Arbitration Agreement which is part of the Instacart Contract within 30 days after signing the agreement.

However, if you didn’t opt out of the Arbitration Agreement while setting up your account as a shopper, you can’t sue Instacart for terminating your contract with them.

The Instacart Contract includes the Arbitration Provision which takes away the right for you to sue Instacart and replaces it with arbitration settlement of disputes.

Before we rest on this, let’s explain what the “Trial By Jury Waiver” means, this is the part of the Instacart Terms that takes away every user’s right to sue the company. Also read guide on How To Get W2 From Instacart

Instacart Trial By Jury Waiver

The Instacart Terms contains a “Trial By Jury Waiver” agreement which states that by accepting the Instacart Terms, you have agreed and acknowledged that with respect to any claims which are within the Arbitration Agreement scope, you have waived the right to a trial by jury.

The same thing applies to Instacart, they can not sue you as long as the issue is within the scope of the Arbitration Provision.

Having explained the above, let’s explain the scope of the Arbitration Agreement as enshrined in the Instacart Contract.

Instacart Arbitration Provision Scope

The scope of the Arbitration Agreement states that if Instacart is unable to solve any issue with you amicably, that both you and the company have agreed to resolve such issue through binding arbitration.

This includes matters relating to;
– Termination
– Enforcement
– Breach
– Interpretation
– Scope
– Validity
– Formation
– Enforceability

Additionally, each shopper agrees that they and Instacart have agreed that the Arbitration Provision agreement is governed by the Federal Arbitration Act.

It goes further to say that any dispute between a shopper and Instacart will be exclusively resolved by an arbitrator.

Read an interesting part of the Instacart Arbitration Provision inside the Instacart Shopper Contract “For additional clarity, by signing this Agreement, you and Instacart hereby expressly waive, to the extent permitted by applicable law, their right to have any dispute or claim resolved by a court unless specifically set out herein”.

The Arbitration Provision covers allegations of wrongful termination, this is clearly stated on the Contract which is agreed by every shopper.

There are several other part of the scope that are not mentioned here, you can read more about this on the Instacart Contract.

What Should I Do If Instacart Wrongfully Terminates My Account?

If your account gets wrongfully terminated by Instacart, the best thing is to dispute the termination if you feel that you were wrongfully terminated.

To dispute the termination, send an email to legal@instacart.com, ensure you provide every relevant detail and why you feel your account should be reinstated. Also read guide on How Do I Get My 1099 From Instacart?

What Happens When Instacart Deactivates Your Account

When an independent contractor’s account gets terminated, Instacart will send an email indicating the reason behind the termination. Part of the email also state how the termination can be disputed.

Essentially, any terminated account can’t be logged in and the person won’t have access to batches or deliveries to be fulfilled.

How To Opt Out Of Instacart Arbitration Provision

A shopper has up to 30 days from the date of signing the Agreement to notify Instacart in writing indicating your intention to opt-out of the Agreement. Below are the steps to opt out of the Instacart Arbitration Provision.

– Send an email to contractor-opt-out@instacart.com, or;
– Send a letter through U.S. Mail, FedEx, or UPS, or deliver by hand to Maplebear Inc., d/b/a Instacart c/o Legal Team 50 Beale Street, Suite 600 San Francisco, CA 94105.
– Provide your first and last name.
– Use “I wish to opt-out of the Arbitration Provision” as title or relating phrase.
– Clearly state in the email that you want to opt out of the Arbitration Provision.
– Ensure the letter you are sending is signed, dated, and the envelope that contains the letter must be received or post-marked not more than 30 days after the Arbitration Agreement was signed.

Summary

If you had agreed to the Instacart Contract terms while signing up as a shopper without opting out of the Arbitration Provision, you may not be able to sue Instacart for wrongful termination.

Like we have explained on this post, the Arbitration Provision waives any right to sue the company or get sued, disputes are to be resolved by an arbitrator.