UPS retaliatory discharge case will go to jury - Risk and Insurance
Case name:Scheffler v. United Parcel Service, Inc., No. 08-2648-JWL (D. Kan. 01/29/10).
Ruling: The U.S. District Court, District of Kansas denied the United Parcel Service's motion for summary judgment, finding the employee presented sufficient evidence to go to a jury concerning whether his termination was retaliatory.
Summary: A UPS driver alleged he was terminated in retaliation for pursuing a workers' compensation claim. The UPS argued his termination was based on the culmination of his escalating performance-related problems. It argued the driver could not establish a causal connection between his protected activity or injury and its decision to terminate him in light of its overwhelming evidence that his termination was pursuant to its progressive disciplinary policy. It further argued he could not show that its reasons for terminating him were pretext. The District Court rejected the UPS' arguments
Case name:Scheffler v. United Parcel Service, Inc., No. 08-2648-JWL (D. Kan. 01/29/10).
Ruling: The U.S. District Court, District of Kansas denied the United Parcel Service's motion for summary judgment, finding the employee presented sufficient evidence to go to a jury concerning whether his termination was retaliatory.
Summary: A UPS driver alleged he was terminated in retaliation for pursuing a workers' compensation claim. The UPS argued his termination was based on the culmination of his escalating performance-related problems. It argued the driver could not establish a causal connection between his protected activity or injury and its decision to terminate him in light of its overwhelming evidence that his termination was pursuant to its progressive disciplinary policy. It further argued he could not show that its reasons for terminating him were pretext. The District Court rejected the UPS' arguments
