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Former Employee Alleges Discrimination Against Delivery Giant Over Medical Leave

SOUTHEAST TEXAS RECORD

Friday, April 25, 2025

Former Employee Alleges Discrimination Against Delivery Giant Over Medical Leave

State Court
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District Courts of Harris County | Official website

Larry Gabriel, a former employee of a major delivery service company, has filed a lawsuit alleging wrongful termination and discrimination. The complaint was lodged on April 16, 2025, in the District Court for Harris County, Texas, against United Parcel Service, Inc. (UPS) and unnamed defendants referred to as Does 1-25.

The plaintiff, Larry Gabriel, claims that his employment with UPS began on July 2, 2018. He worked as a truck loader at the company's Houston facility and received several wage increases due to his exemplary performance. However, in May 2023, Gabriel was diagnosed with a serious heart condition requiring immediate medical treatment. He applied for and was granted short-term disability leave under the Family and Medical Leave Act (FMLA), which extended until December 2023. Despite being ready to return to work in January 2024 upon receiving medical clearance, Gabriel alleges that UPS unlawfully refused to reinstate him and marked him as "inactive" without justification.

Gabriel accuses UPS of violating multiple laws including the FMLA, Texas Labor Code Chapter 21 (Texas Commission on Human Rights Act), and the Americans with Disabilities Act (ADA). He claims that UPS's actions constituted discriminatory and retaliatory conduct based on his medical condition and exercise of medical leave rights. Furthermore, he describes experiencing a hostile work environment characterized by intimidation and exclusion from workplace opportunities upon attempting to return.

In addition to discrimination claims related to his health condition, Gabriel also cites past grievances with UPS following a workplace injury in 2020 when he tore his rotator cuff. According to Gabriel, UPS initially denied his workers' compensation claim forcing him to cover medical expenses out-of-pocket until union intervention led to approval after more than eighteen months.

Gabriel seeks various forms of relief from the court including reinstatement to his position or an equivalent role with back pay and benefits restoration. He also requests compensatory damages for emotional distress and reputational harm alongside punitive damages due to what he describes as malicious conduct by UPS. Moreover, Gabriel asks for injunctive relief mandating changes in UPS's policies regarding compliance with anti-discrimination laws.

The case is represented by attorney John L. Pittman III from John L. Pittman III | Attorney At Law APC based in San Diego. The case ID is 2025-26661 filed in Court: 55.

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