§ 20-1532 Prohibition on wrongful deactivation.
AC § 20-1532
a. A delivery service shall not deactivate a contracted delivery worker after such contracted delivery worker’s probation period with such service except for just cause, for a bona fide economic reason, as described in section 20-1534, or where federal, state, or local law or rule requires such delivery service to deactivate such contracted delivery worker. b. In determining whether a delivery service has deactivated a contracted delivery worker for just cause, a fact-finder shall consider, in addition to any other relevant factors, whether: 1. Such contracted delivery worker knew or should have known of such delivery service’s policy, rule, or practice that forms a basis for progressive discipline or such deactivation and knew or should have known of the potential consequences for violation of such policy, rule, or practice; 2. Such delivery service’s policy, rule, or practice that forms a basis for progressive discipline or such deactivation is reasonably related to safe and efficient delivery service operations; 3. Such delivery service provided relevant and adequate training to such contracted delivery worker; 4. Such delivery service’s policy, rule, or practice that forms a basis for such deactivation, including the utilization of progressive discipline, was reasonable and applied consistently; 5. Such delivery service undertook a fair and objective investigation into such contracted delivery worker’s misconduct or failure to satisfactorily perform job duties; 6. Such deactivation is a reasonable response to such contracted delivery worker’s misconduct or failure to satisfactorily perform job duties and accounts for any mitigating circumstances, including but not limited to such contracted delivery worker’s past work history; and 7. Such contracted delivery worker violated the policy, rule, or practice or engaged in any misconduct or failure to satisfactorily perform job duties that forms a basis for progressive discipline or such deactivation. c. Except where deactivation is for egregious misconduct, a deactivation of a contract delivery worker shall not be considered based on just cause unless a delivery service demonstrates that: 1. Such delivery service has utilized progressive discipline; provided, however, that such delivery service may not rely on progressive discipline issued more than 1 year before such deactivation; and 2. Such delivery service had a written policy on progressive discipline that was in effect and was provided to such contracted delivery worker. d. Where a deactivation of a contracted delivery worker is for a bona fide economic reason, as described in section 20-1534, a delivery service must provide, in a form and manner designated by the department, an advance notice of layoff to such contracted delivery worker at least 120 days prior to such deactivation. Such advance notice shall state all the precise and detailed reasons for, and the effective date of, such deactivation. Such advance notice shall include information about: (i) such contracted delivery worker’s right to challenge such deactivation as unlawful pursuant to this subchapter; (ii) how such contracted delivery worker may initiate an informal resolution process with such delivery service pursuant to section 20-1537; (iii) the opportunity for such contracted delivery worker to submit evidence to substantiate a challenge to such deactivation; and (iv) such contracted delivery worker’s right to file a complaint with the department, or initiate a private action. e. Within 72 hours after deactivating a contracted delivery worker, a delivery service shall provide, in a form and manner designated by the department, a notice of deactivation to such contracted delivery worker which contains a written explanation of all the precise and detailed reasons for such deactivation and the effective date of such deactivation. Such notice shall include information about: (i) such contracted delivery worker’s right to challenge such deactivation as unlawful pursuant to this subchapter; (ii) how such contracted delivery worker may initiate an informal resolution process with such delivery service pursuant to section 20-1537; (iii) the opportunity for such contracted delivery worker to submit evidence to substantiate a challenge to such deactivation; and (iv) such contracted delivery worker’s right to file a complaint with the department, or initiate a private action. f. This section shall not apply to any deactivation that occurred prior to the effective date of the local law that added this section. (L.L. 2026/034, 1/17/2026, eff. 1/17/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/034.
