| Employment - Broward County
UPS driver fired for being 'injury repeater' recovers $6M
A Broward County jury on May 12 awarded a former UPS worker $6 million after finding the company wrongfully fired him from its Deerfield office after two decades on the job. John Thigpen, a 40-year-old delivery man who was sacked in 2001, ostensibly for dishonesty, claimed UPS really got rid of him to avoid workers' compensation claims. His lawyer noted a company email to supervisors telling them to target "injury repeaters." Thigpen had been injured seven times in his 20 years with the firm. UPS claimed he was fired because he hadn't been documenting his stops properly, and noted that workers' compensation wasn't an issue because he hadn't filed for workers' comp the last three times he was injured. A single father of two, Thigpen claimed it's been impossible to find a good job after being labeled dishonest.
Thigpen v. United Parcel Service Inc Employment
| | UPS driver claimed he was fired for being 'injury repeater' | | Verdict: (P) $5,969,661.00 | | Case Type: Retaliation, Workers' Compensation, Employment - Wrongful Termination | | Case: John Thigpen v. United Parcel Service, Inc., No. 02-13221(11) | | Venue: Broward County Circuit Court, 17th, FL | Judge: Barry Goldstein
| | Date: 05-12-2006 | | PLAINTIFF(S) |  |
| Attorney: - Russell S. Adler; Rothstein Rosenfeldt Adler P.A.; Fort Lauderdale, FL, for John Thigpen
- Shawn Birken; Rothstein Rosenfeldt Adler P.A.; Fort Lauderdale, FL, for John Thigpen
| | Expert: None | | DEFENDANT(S) | |
| Attorney: - Erika Royal; Holland & Knight L L P; Fort Lauderdale, FL, for United Parcel Service Inc.
- Thomas H. Loffredo; Rothstein Rosenfeldt Adler P.A.; Fort Lauderdale, FL, for United Parcel Service Inc.
| | Expert: None |
| | INSURERS: | |
| | | | FACTS: |
| | In July 2001, John Thigpen, 40, a delivery truck driver with United Parcel Service at its Deerfield Beach office, was fired after 20 years on the job. Through the UPS union process, Thigpen returned to work on Oct. 1, 2001, but was again terminated on Oct. 16. In both instances, Thigpen was fired for dishonesty. These were the only two times in his 20-year career with UPS that he had been accused of dishonesty. Thigpen sued UPS for wrongful termination and retaliation. He claimed that he was fired for having sought workers' compensation. Thigpen's lawyers noted that in May 2001 a UPS official sent out an email to supervisors telling them to target "injury repeaters." Thigpen had been injured seven times in his career, including twice in 1997 and once in December 2000. His lawyers argued that after this, Thigpen started to be accused of dishonesty for a number of issues such as not filling out his paperwork correctly and not delivering a package that he said he had delivered. They argued that UPS was setting him up to get rid of him. UPS argued that Thigpen was terminated for cause and there was no retaliation. Defense counsel noted that he appealed his termination to a grievance panel made up of teamsters and UPS representatives, who agreed that there was good reason for his termination, specifically, being dishonest and not documenting his stops properly. Defense counsel argued that Thigpen wasn't considered an injury repeater and that the email regarding injury repeaters was meant to alert supervisors that they should take note of employees who were hurt repeatedly so they could receive extra training, not for purposes of retaliation. Defense counsel also argued that Thigpen only had one injury in the four years prior to his termination and had never filed for workers' compensation and thus he couldn't have been fired in retaliation for seeking workers' compensation. | | INJURY: |
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Thigpen claimed that he had planned to work at UPS until retirement and that his termination for dishonesty left him unable to find work. He was reduced to getting low-paying jobs from friends. At UPS, he earned $45,000 annually plus benefits; at the time of trial, he reported that he had been making between $20,000 and $25,000 annually. His lawyers sought economic compensation representing the difference in income until he was 62. Thigpen testified that the termination had divested his life. As a single father with joint custody of two school-aged daughters he found himself unable to afford rent. He and his daughters were forced to move in with his parents. He sleeps on the couch so his daughters can have a bedroom. He also found himself without health benefits, which is difficult for any parent, but was more of a hardship for Thigpen because one of his daughters is diabetic, requiring regular insulin. Thigpen testified that he couldn't afford to take his daughters anywhere or even buy his own clothing. His shirts and pants were bought by his parents. Thigpen, who was 45 at the time of trial, testified that he has no idea if he will get a good job or what lies in his future.
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| VERDICT INFORMATION: |
| The jury found that UPS unlawfully retaliated against Thigpen and awarded him $5,969,661.
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John Thigpen $669,661 Personal Injury: economic damages $5,300,000 Personal Injury: noneconomic damages |
| POST TRIAL: | |
| | UPS plans to file a motion to set aside or reduce the verdict. | | EDITOR'S COMMENTS: | |
| | Defense counsel did not respond to a faxed draft of this report and two phone calls. UPS Driver Alleges He Was Fired in Retaliation for Filing a Workers' Comp Claim; Jury Awards Him $6 Million John Thigpen, a driver for United Parcel Service, filed a workers' compensation claim in 2000, after injuring his ankle. Thigpen had been a delivery driver for UPS since 1986, and between then and his termination in 2001, he had suffered seven workplace injuries. In 2001, UPS issued an email that Thigpen alleged directed managers to "target" employees with multiple workers' comp injuries for termination. UPS alleged that the email was meant to reduce injuries through additional training and discipline. UPS also alleged that Thigpen did not meet the definition of "injury repeater" as set out in the email. In November 2001, Thigpen was terminated. UPS alleged that the termination followed Thigpen's failure to deliver a box and that Thigpen had a history of dishonesty regarding the falsification of delivery records. Thigpen sued UPS, alleging that he was targeted for termination and harassed after the UPS email was circulated and that his termination was in retaliation for his ankle injury. A Florida jury agreed with Thigpen and awarded him $669,000 in economic damages and $5.3 million in noneconomic damages. It has been suggested that the size of the award was in response to Thigpen being labeled as dishonest, which made it very difficult for him to find work after his termination. Employer Notes: Ouch! The jury's award in this case was enormous for a workers' comp case. It's difficult to assess what the employer might have done differently to avoid liability when all we have to go on is the jury verdict. Nevertheless, this case supports the admonition you hear frequently that when disciplining any employee who has asserted a protected right, your paperwork and investigation of any wrongdoing must be beyond reproach. Council's Workers' Comp Update program and Workers' Comp Forums can provide you with cutting-edge strategies for lowering your workers' compensation costs. For dates, locations, and detailed agendas, click on the program links above.
6/9/2006 2:40:48 PM
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Category: Worksite Injuries An injured worker is legally entitled to file a worker's compensation claim without fear of retaliation by his employer. Sometimes, however, the employer decides to retaliate by firing the injured employee or by taking some other adverse action. When that happens, the law provides for a cause of action against the employer. Ex-UPS driver to get $6 million over firing for being 'injury repeater' A Broward Circuit Court jury has leveled a $6 million verdict against United Parcel Service, finding that the company wrongfully fired a delivery truck driver from its Deerfield Beach office. After a four-day trial, jurors needed less than three hours Friday to conclude that UPS unlawfully retaliated against John Thigpen, a 20-year employee, for pursuing workers' compensation benefits. Thigpen received $669,661 in economic damages and $5.3 million in non-economic damages for the mental anguish he has suffered. Thigpen's legal team argued that the Pompano Beach man was fired after a UPS official sent a May 2001 e-mail directing supervisors to target "injury repeater[s]." Thigpen, 45, had been injured seven times while with UPS, Adler said. He was fired in November 2001. | |