Plaintiff, Micheal Marlo had worked for UPS for 22 years and over that time he had brought to their attention, concerns about inadequate heaters for the employees working in sub-freezing temperatures, employees working well over 40 hours per week, and employees driving UPS trucks after working more than 60 hours per week, violating DOT regulations. After his concerns fell on deaf ears he filed a lawsuit in the hopes of improving conditions. Consequently, Michael Marlo was terminated on November 12, 2008, a few months before his wage-and-hour case was scheduled for trial.
According to California employment law, an employer can not retaliate against an employee for whistleblowing, which appears to be the issue in the Marlo v’ UPS case.
In mid-2008, Marlo encouraged other UPS supervisors to file their own lawsuits against UPS in an attempt to change allegedly unsafe working conditions at the company. Fifty-four UPS supervisors filed individual lawsuits against UPS between August and October 2008.
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