Lawsuit over UPS dismissal is settled

A Redwood man has reached a tentative settlement with United Parcel Service Inc. over a lawsuit he brought in February 2007 claiming he was fired by the package deliverer for complaining about the condition of its delivery fleet.

The settlement of the state Supreme Court lawsuit brought by Daniel B. Peterson awaits a judge's approval, according to documents filed this week at the Jefferson County clerk's office. Terms of the agreement are not being disclosed.

"Everything's confidential," Steven Bennett Blau, New York City, the attorney representing Mr. Peterson, said Thursday. "It was resolved to the satisfaction of all parties."

Mr. Blau declined further comment, including on whether Mr. Peterson remains employed by UPS as a condition of the agreement.

Mr. Peterson, who was hired in 1999 as a full-time mechanic at UPS's maintenance facility on Route 12F, sued UPS for $2 million in damages claiming he was fired twice for complaining about the company's trucks and for taking defective trucks out of service against management's orders.

UPS, based in Atlanta, countered that he wasn't fired for being a whistle-blower, but for his job performance. The company claimed in court documents he was fired for failing to complete inspection and maintenance records accurately, demonstrating poor workmanship and violating state motor vehicle regulations by unlawfully removing inspection stickers.

Mr. Peterson had claimed he removed inspection stickers from four trucks in March 2006 because they had cracked frames and were unfit for the road. Four days later, he was fired for the alleged "falsification of company and legal documents, poor workmanship in the repairs you made to the vehicles and failure to follow methods and procedures."

Mr. Peterson's concerns led to an investigation by the state attorney general's office, which is looking into whether the action taken against him violated state Labor Law, which protects employees against retaliation from employers, as well the federal Whistle-Blower Act, which similarly prevents employers from taking action against workers who allege illegal acts by an employer.

Lee Park, a spokesman for the attorney general's office in Albany, said Wednesday that the office's investigation remains open, but he declined further comment.