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WEST VIRGINIA RECORD

Wednesday, April 24, 2024

UPS employee claims retaliation, harassment over disability, taking FMLA

Federal Court
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BLUEFIELD — A United Parcel Service employee is claiming he suffers from retaliation and harassment due to his disability and for taking family medical leave. 

John Blaylock Jr. filed a complaint in U.S. District Court for the Southern District of West Virginia Bluefield Division against United Parcel Service of America Inc., alleging violation of the Family Medical Leave Act, West Virginia Human Rights Act and intentional infliction of emotional distress.

Blaylock began working for the UPS in 2005 and became a full time package delivery driver in 2008.  Blaylock claims in his suit that in 2010, he suffered from a "mental health crisis," was hospitalized and diagnosed with anxiety and depression. He alleges that on the day he was admitted to the hospital, his supervisor told another UPS employee "to get ready to drive" because they are "firing [Plaintiff's] ass."  Blaylock also claims after his hospitalization, a supervisor told him he was not to "report to work" and that his leave fell under FMLA.  Blaylock claims despite what his supervisor told him, he was threatened with termination for his absence and now faces retaliation and harassment after returning to work. 

Blaylock seeks monetary relief, trial by jury and all other just relief. He is represented by Aubrey Sparks of Mountain State Justice in Charleston. 

U.S. District Court for the Southern District of West Virginia Bluefield Division case number 1:20-CV-00156

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