Legal Question in Employment Law in Virginia

Termination, Retaliation, Breach of Contract

I applied for a full-time UPS Driver's position. I had seniority over everyone else, however, I was passed up. After I had applied, I was forced to work in another position. I went from part-time Preload (loading 120 packages for 1 truck within 4 hrs) to Trailers (unloading 1100+ packages per trailer from 4 trailers within 4 hours). Consequently, I injured myself in the left shoulder, filed workers comp but case was dismissed without prejudice, and I was gone for a year. Upon my return, I have been repeatedly terminated for unwarranted reasons and later reinstated without back wages. At one point going as far as a panel hearing where I won. Most recently, I was discharged 5 times in the last 3 months - 4 times alone in the month of November. I have been passed over for promotions and have been retaliated against for filing grievances, had my pay rate reduced without my knowledge, numerous breaches of contracts per Teamsters Contract Agreement handbook and endured an all-around hostile working environment. I have been offered on 2 occasions to resign or face termination. I have witnesses and documentation for all terminations, harassment, threats, unjust treatment, false allegations, and retaliations.


Asked on 4/24/09, 3:39 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Termination, Retaliation, Breach of Contract

So, the basis for your claim(s) would rest on what,

alleged discrimination under one or more of the protected categories enumerated in federal anti-discrimination law, breach of a collective bargaining type of agreement or other employment contract, or what else?

If none of the above would be applicable to your situation, you are likely without viable recourse against your UPS employer(in my opinion).

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Answered on 4/25/09, 2:50 pm


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