Stephens
Stephens v. United Parcel Service, Inc.
Opinion
Trial Court Opinion
BACKGROUND
22 A. Third Amended Complaint Allegations 23 Plaintiff worked for UPS from April 2018 to April 2024. (Third Amended Complaint (TAC)1, Dkt. No. 36 at 2.2) On March 22, 2022, Plaintiff was working the “day sort” operation as 25 26 1 Although the document is captioned “Corrected Amended Complaint,” it follows the second 27 amended complaint, and the Court will thus refer to it as the “Third Amended Complaint.” Overgoods Clerk. (Id.) He performed a building inspection as directed by his union officer and observed “Supervisor Martin doing work outside his scope of responsibility.” (Id. at 3.) Plaintiff asked Martin to stop and Martin yelled at him. (Id.) Plaintiff left the area and began preparing a union grievance. (Id.) Operations Manager Eric Smith advised Plaintiff that Martin was his relative and asked Plaintiff to rescind the grievance, but Plaintiff refused. (Id.) Operations Manager Smith told Martin Plaintiff was preparing a grievance and notified him where Plaintiff’s vehicle was parked in the UPS parking lot. (Id. at 5.) On his lunch break, Plaintiff went to his car and found Martin sitting on the trunk …