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Employment Law
ADA
Constructive Discharge

Gregory Neal Grimes v. United Parcel Service Inc.

Published: Aug. 2, 2008 | Result Date: Feb. 26, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 05CV01824(RS) Verdict –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Claudia B. Center
(Disability Rights Education and Defense Fund )

Leslie F. Levy

Darci E. Burrell
(Burrell Kagin Law LLP)

Jean K. Hyams
(Vinick Hyams LLP)

Kathryn Burkett Dickson
(Dickson Geesman LLP)


Defendant

M. Kirby Wilcox

Kerri N. Harper

Thomas E. Geidt
(GBG LLP)

Julie A. Wilkinson

E. Jeffrey Grube

Elizabeth A. Falcone
(Ogletree, Deakins, Nash, Smoak & Stewart PC)


Experts

Defendant

Michael R. Mandel
(medical)

Michael M. Edwards
(technical)

Facts

Plaintiff Gregory Grimes was a former management employee who worked in the Industrial Engineering Department of defendant United Parcel Service Inc. (UPS). He took a leave of absence for severe depression and bipolar disorder and was terminated in Feb. 2002. Plaintiff sued defendant for employment discrimination.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendant failed to interact with plaintiff in the process to provide reasonable accommodations for his disability and failed to accommodate plaintiff at all. Instead, defendant terminated plaintiff's employment pursuant to its 12-month-and-out policy, under which employment ended 365 days after the first day of plaintiff's leave rather than the last day of the 12th calendar month, as plaintiff believed.

DEFENDANT'S CONTENTIONS:
Defendant contended it sufficiently interacted with plaintiff and provided him reasonable accommodations. It denied any wrongdoing and denied plaintiff's claim that he was harmed or entitled to damages.

Injuries

Plaintiff suffered emotional distress.

Result

The jury returned a defense verdict.


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