Case details

Defense claimed manager fired for unprofessional conduct

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2017, plaintiff Mason McConn, 44, a dispatcher at a United Parcel Service shipping facility in Ontario, was terminated from his employment. McConn, a white man, was assigning more work than usual to each driver, because of a staffing shortage. He claimed that a Latino driver, Pedro Flores, complained about the extra work and called him a racist. McConn claimed that he was terminated out of fear of a lawsuit from Flores and then defamed in investigative reports. McConn sued his employers, UPS Cartage Services Inc., UPS Supply Chain Solutions Inc. and United Parcel Service Inc.; Flores; and the human-resources manager for the facility, Gerald Yee. McConn alleged that the defendants’ actions constituted racial discrimination, retaliation, defamation and wrongful termination. Flores and Yee were dismissed, and the matter proceeded to trial against the three UPS corporate entities. McConn claimed that after he assigned extra work to the employees he supervised, Flores became insubordinate and asked why the tasks were not given to white drivers. McConn also claimed that Flores called him a racist and accused him of discrimination. McConn further claimed that Flores brushed against him during a verbal altercation and threatened to sue him and take away his home. McConn contended that UPS terminated him because it feared a lawsuit from Flores and that UPS cited him for using foul language during two incidents within 11 months as pretext to fire him. He also contended that UPS management defamed him in its investigative reports of Flores’ help-line complaints by including negative remarks that Flores allegedly made about him. Defense counsel claimed that McConn was terminated for unprofessional conduct in managing employees but only after McConn failed to respond to UPS’ efforts at progressive discipline. Defense counsel noted two altercations that were allegedly caused by McConn’s unprofessional management of Flores, all in violation of UPS policies, including, but not limited to, UPS’ professional-conduct and anti-harassment policies. Counsel contended that, following UPS’ investigations of the complaints made against McConn by Flores, McConn was coached and counseled by Yee. Counsel argued that UPS management did not defame McConn because the investigations of the complaints were confidential. In addition, defense counsel contended that after receiving verbal coaching and counseling after the first altercation, McConn had to receive additional coaching and counseling as well as a written warning after the second altercation. Defense counsel argued that it was a third altercation with another UPS employee that ultimately resulted in McConn’s termination., McConn claimed that he suffered emotional distress as a result of his experience at UPS. He sought recovery of damages for his emotional pain and suffering, as well as recovery of lost earnings as a result of his termination.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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