West Virginia Record

Thursday, February 20, 2020

Man accuses FedEx of wrongful termination

By Kyla Asbury | May 15, 2014


WHEELING - A former employee is suing Federal Express Corporation after he claims he was wrongfully retaliated against and wrongfully terminated from his employment.

Martin Sansone was employed by FedEx from April 1996 until June 14, according to a complaint filed April 8 in Ohio Circuit Court.

Sansone claims Kevin A. Timko, the operations manager at FedEx's Wheeling station, provided him with one warning letter because he called off work the week of April 20, 2010, when his daughter had a serious medical condition that required her to be hospitalized for several days.

Timko scolded Sansone and gave him computer counseling when he returned to work and continued to retaliate against Sansone from the incident in 2010 until he fired him in 2013, according to the suit.

Sansone claims when he signed up for his route, he was required to make six stops per hour, however, after Timko became his manager, this number was changed to 12 stops per hour.

Timko constantly changed Sansone's delivery route or added other routes along with his route for him to complete, which negatively affected his delivery goal numbers, according to the suit.

Sansone claims Timko's actions were wrongful, retaliatory and discriminating against him.

On May 31, a truck was parked in a way that it was blocking where Sansone normally parked his truck, according to the suit, and, because of this, Sansone parked in another area, did his post-trip paperwork and punched out.

Sansone claims another driver, Susan Johnson, asked him to move his truck, however, because he had already punched out and there was no manager available to authorize him to punch back in to move the truck, he declined to do so.

Johnson safely moved Sansone's truck out of the station and then came back in to move the truck blocking Sansone's usual spot, but, when she did so, she backed into another truck, according to the suit.

Sansone claims the incident, along with his entire work history that included his discipline for calling off work for his daughter's medical condition, led to his termination.

Timko violated the unlawful discriminatory practices of the West Virginia Human Rights Act and did so maliciously, intentionally, willfully, wantonly and/or recklessly with disregard to his human rights.

Sansone is seeking compensatory and punitive damages with pre- and post-judgment interest.

He is being represented by Ronald William Kasserman of Kasserman Law Offices PLLC.

Ohio Circuit Court case number: 14-C-97

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Organizations in this Story

FedEx Corporation