Ex UPS Employee Files Suit Over Alleged Covid-19 Risk

UPS fights back against an ex employee alleging Covid-19 risk.

The Case: Desdnie Hess v. United Parcel Service Inc.

The Court: U.S. District Court for the Northern District of California

The Case No.: 3:21-cv-00093

The Plaintiff: Desdnie Hess v. United Parcel Service Inc.

The plaintiff in the case, Hess, is a resident of Santa Barbara who started working as a UPS supervisor in October 2019 until May 2020 when she quit. Hess was employed at a Santa Maria UPS distribution center where she alleges “physical distancing” doesn’t exist. She filed a lawsuit in California state court in October 2020 that was later moved to federal court.

The Defendant: Desdnie Hess v. United Parcel Service Inc.

According to Hess, UPS poses a public nuisance, engages in unfair competition and does not reimburse employees for the necessary masks and other PPE equipment needed to ensure safety. Hess is seeking declaratory relief and monetary damages. UPS’s pandemic response has also been called into question by others. In fact, the company is already dealing with the Cal/OSHA regarding another California facility.

History of the Case: Desdnie Hess v. United Parcel Service Inc.

UPS requested that the California federal judge toss the proposed class action alleging that the company systematically endangered their employees’ health and safety. The plaintiff alleges that UPS left their staff vulnerable to exposure to Covid-19. UPS urged the judge to toss the proposed class action arguing that the ex-employees’ claims are better suited to be handled by a regulator rather than a judge. UPS insisted during the remote hearing that the plaintiff’s claims should be tossed and considered a workers’ comp issue and sent before a state regulator. However, Judge Alsup was concerned that referring the case to Cal/OSHA could mean Hess wouldn’t be able to recover damages for the alleged emotional distress due to lax safety protections against Covid-19 exposure in the UPS workplace. UPS continued their argument insisting that the workers’ compensation regime covers the alleged psychiatric injury in the case.

If you have questions about Covid-19 related labor law violations or how employment law protects you against labor law violations, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.