UPS Accused of Refusing Safe Transfer to Driver Who Witnessed Gangland Execution
Saturday, June 09, 2012
All delivery driver Sergio Cervantes wanted from his employer, United Parcel Service (UPS), after witnessing a man executed by a street gang, was a transfer to another (safer) route far away. But UPS refused Cervantes’ request, he alleges, and now he is suing the package delivery service.
While working his normal route, Cervantes saw a gangland execution in which one man shot another man in the head. He went to the aid of the victim, whom he held in his arms as the man died, while the shooter watched. Following the violent incident, gang members began searching Cervantes out, asking other UPS drivers where they might find him. No one has been charged with the crime.
Cervantes was eventually diagnosed with Post-Traumatic Stress Disorder. His doctor provided a note to UPS stating his patient would be best served by a transfer to another locale. The company did assign him a new route, but Cervantes felt it was too close to the old one.
But UPS refused the request. Finally, in June 2011, Cervantes resigned from UPS.
Cervantes is now suing UPS, claiming the company is guilty of disability discrimination, constructive discharge and retaliation.
To Learn More:
Grisly Employment Complaint Against UPS (by Matt Reynolds, Courthouse News Service)
Sergio Cervantes v. United Parcel Service (California Superior Court, San Diego County) (pdf)
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