Smith v. United Parcel Service, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VENTON SMITH, Case No. 20-cv-09460-EMC

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS

UNITED PARCEL SERVICE, INC., et al., Docket No. 18 Defendants.

12 13 Plaintiff was a car wash employee at United Parcel Service, Inc. (“UPS”) who alleges that he suffered discriminatory and harassing treatment from his UPS supervisors. He took medical leave in 2017 and never returned to work, and he alleges that UPS effectively terminated him in retaliatory fashion for reporting unsafe working conditions. Plaintiff filed a complaint in San Francisco County Superior Court, naming UPS, United Parcel Service General Services Co., United Parcel Service Co., Donald Embers, Gregory Price, and Does 1-20 as Defendants, and the case was removed to federal court. UPS has filed a Motion to Dismiss Plaintiff’s PAGA claims, Cal/OSHA claims, and the claim for wrongful termination in violation of the Fair Employment and Housing…