Federal Express driver sues after losing job due to improper use of men's commode mechanism

Michelle Keahey Jul. 16, 2012, 6:19am

NEW ORLEANS - A Federal Express truck driver has filed a lawsuit that claims he was denied a due process disciplinary review concerning his termination over the improper use of a men's commode mechanism.

Ernest Williams filed suit against Federal Express Corp., Chris Cunningham, individually and in his capacity as Federal Express Corp. Manager, and ABC Insurance Co. on June 4 in St. Charles Parish District Court. The defendants removed the case to federal court in New Orleans on July 2.

Williams worked for the defendant as a truck driver. He was terminated on May 27, 2011 over the improper use of a commode-like mechanism that was newly placed in the men's restrooms.

Williams requested a due process disciplinary review, but Federal Express has not responded, the suit claims.

The defendants are accused of violating Williams' due process rights, inflicting serious emotional distress, and defamation of character.

The plaintiff is asking the court for an award of damages for mental pain and suffering, negligent infliction of emotional distress, anxiety, worry, inconvenience, medical expenses, loss of wages and impaired earnings capacity, loss of consortium, defamation of character, interest and court costs.

Williams is represented by New Orleans attorney Lionel Lon Burns.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:12-cv-01712

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