Class Action Lawsuit Filed Against DoorDash

Anna Wolfe
Senior Editor - Restaurants
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A class action complaint has been filed against DoorDash Inc., accusing the third-party delivery service of breach of contract and unlawfully taking delivery drivers’ tips. 

Attorneys from Heninger Garrison Davis LLC in Atlanta filed the complaint. 

 When a customer places an order with DoorDash, a customer has the ability to leave an additional gratuity, or tip, for the DoorDash delivery drivers (called "Dashers"). The default "Dasher Tip" is currently set to 10% of the order, but the customer may also leave a custom tip. 

The complaint alleges that DoorDash promises each driver a guaranteed base pay for each delivery job, plus 100% of the gratuity; however, DoorDash does not remit the full amount of gratuity that a consumer leaves for a Dasher.  A press release from the law firm claims DoorDash says drivers receive 100% of tips from the customer; however, the company uses the gratuity to cover its costs for the guaranteed base pay promised to Dashers.   For example, if DoorDash promised the Dasher $5 base pay for the delivery, and the customer tips the Dasher in an amount of $2, the Dasher still only gets $5. This deceptive compensation scheme is illegal and violates federal and state law, the law firm states.

HGD attorneys Jim McDonough and Lew Garrison bring the action on behalf of the Dasher plaintiffs against DoorDash, Inc. for breach of contract, negligent misrepresentation, fraudulent inducement, conversion, unjust enrichment, and violations of consumer protection laws.  The lawsuit seeks the return of tips rightfully earned by Dashers in order to remedy DoorDash's improper withholding of those tips, which resulted in Dashers not receiving 100% of the tips that were intended for them.