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Fired UPS driver awarded $5.45 million in whistleblower retaliation suit
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Dr. Dick
Mar 8, 2023, 4:04:20 AM3/8/23
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The driver alleged UPS cut back his hours and discriminated against him
because of an injury and due to his age.
A former UPS truck driver was awarded $5.45 million in his whistleblower
retaliation suit alleging he was wrongfully fired from his job as a truck
driver with the delivery service in 2017 after more than 30 years of
service.
A Los Angeles Superior Court jury deliberated for only a matter of hours
on Monday before finding in favor of Richard Galvan, who is now in his
mid-50s. The panel did not make an additional finding that would have
allowed its members to award punitive damages.
Galvan was hired at UPS in October 1986 and throughout his employment was
a member of Teamsters Local 396 in Covina, serving as union steward
starting in 2000, the suit stated. Galvan was fired in January 2017 and
was a big-rig driver at the time, according to his complaint.
Galvan alleged UPS cut back his hours and discriminated against him
because of an injury and due to his age. He maintained that younger
workers with less seniority were taking some of his shifts as of August
2016 and that when he filed a grievance, the discrimination increased.
Galvan also maintained he was assaulted by a co-worker with a known
history of violence while the plaintiff was participating in workers’
rights activism in an employee parking lot. The assailant was never
disciplined, according to the suit filed in April 2018.
In their court papers, UPS attorneys denied Galvan was subjected to
retaliation.
“Indeed, the evidence shows that Galvan raised hundreds of concerns
throughout his 30-plus years of employment with UPS and was never
subjected to any forms of retaliation for making such complaints,” the UPS
lawyers argued in their court papers.
Galvan was fired because he was found to have “engaged in proven
dishonesty” after an internal investigation and the decision was upheld by
a neutral arbitrator in a union grievance hearing where several witnesses
testified, including the plaintiff, according to the UPS attorneys’ court
papers.
UPS did not authorize the co-worker’s alleged attack on Galvan, the UPS
lawyers further state in their court papers.
<https://www.ocregister.com/2023/03/07/fired-ups-driver-awarded-5-45-
million-in-whistleblower-retaliation-suit/>
because of an injury and due to his age.
A former UPS truck driver was awarded $5.45 million in his whistleblower
retaliation suit alleging he was wrongfully fired from his job as a truck
driver with the delivery service in 2017 after more than 30 years of
service.
A Los Angeles Superior Court jury deliberated for only a matter of hours
on Monday before finding in favor of Richard Galvan, who is now in his
mid-50s. The panel did not make an additional finding that would have
allowed its members to award punitive damages.
Galvan was hired at UPS in October 1986 and throughout his employment was
a member of Teamsters Local 396 in Covina, serving as union steward
starting in 2000, the suit stated. Galvan was fired in January 2017 and
was a big-rig driver at the time, according to his complaint.
Galvan alleged UPS cut back his hours and discriminated against him
because of an injury and due to his age. He maintained that younger
workers with less seniority were taking some of his shifts as of August
2016 and that when he filed a grievance, the discrimination increased.
Galvan also maintained he was assaulted by a co-worker with a known
history of violence while the plaintiff was participating in workers’
rights activism in an employee parking lot. The assailant was never
disciplined, according to the suit filed in April 2018.
In their court papers, UPS attorneys denied Galvan was subjected to
retaliation.
“Indeed, the evidence shows that Galvan raised hundreds of concerns
throughout his 30-plus years of employment with UPS and was never
subjected to any forms of retaliation for making such complaints,” the UPS
lawyers argued in their court papers.
Galvan was fired because he was found to have “engaged in proven
dishonesty” after an internal investigation and the decision was upheld by
a neutral arbitrator in a union grievance hearing where several witnesses
testified, including the plaintiff, according to the UPS attorneys’ court
papers.
UPS did not authorize the co-worker’s alleged attack on Galvan, the UPS
lawyers further state in their court papers.
<https://www.ocregister.com/2023/03/07/fired-ups-driver-awarded-5-45-
million-in-whistleblower-retaliation-suit/>
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