CASE:03-42-CP-1048 v. COMPLIANT Thomas Wayne Mayo, Kevin Mark Gray- FEDERAL EXPRESS) JURY TRIAL "Michael Saladino"
) Defendants 305 John Dodd Rd. ) Spartanburg, SC 29303 ) 800-967-5080 )
The Plaintiff alleges unto the Court: FOR A FIRST CAUSE OF ACTION-WRONGFUL TERMINATION 1. Wrongful termination of Plaintiff based on false information provided to upper management by named defendants in this action- Federal Express. The company responded to fraudulent statements. FOR A SECOND CAUSE OF ACTION- DEFAMATION 1. Defendant- "Thomas Mayo" made False and misleading statements about Plaintiff’s character and subject matters to "Glenn Sutton" - Station Manager FedEx in an attempt to have Plaintiff, Jason Bulsa, terminated from employment- 3 Oct 2002 approx. 1130 AM. FOR A THIRD CAUSE OF ACTION- DEFAMATION 1. Defendant- Kevin Mark Gray- Operations Manager FedEx, made False and misleading statements about Plaintiff’s character and subject matters to Management in an attempt to have him terminated from employment as an act of vengeance for the many complaints filed against this Defendant- 12 Oct 2002 approx. 1300 FOR A FOURTH CAUSE OF ACTION- BREACH OF CORPORATE POLICY 1. Federal Express’s Breach of policies- People’s Manual- concerning pay pertaining to suspension period while legal issues were being resolved concerning Plaintiff - People's manual pp. 45-46 Breach of Fiduciary policy and section 2-5 Acceptable Conduct, 8-80 Security FOR A FIFTH CAUSE OF ACTION- DEFAMATION 1. Michael Saladino - Intentional Mental and Emotional cruelty- sending known false information to upper management and further restating to Plaintiff through GFT Process and later a letter that Plaintiff had attacked his wife and threatened a manager "Kevin Gray" after manager, "Kelly Davis" told him during a conference call that Plaintiff did NOT threaten anyone, and Mr. Salidino had been informed months early that Plaintiff was acting in SELF DEFENSE and was found innocent on those charges. Federal Express created grounds to terminate Plaintiff after he was cleared of these charges against him and did NOT voluntarily separate himself by applying for unemployment during (6 Sept 2001- 6 Sept 2002) Plaintiff he was placed on LWOP. 2. Glenn Sutton - Federal Express station manager; Spartanburg, SC. Stated on 3 October 2001 at approx. 1130 that Wayne Mayo called from Disney distribution center and said,” Plaintiff was going to buy an M-16 and KILL his ex-wife and father-in-law” in an attempt to have Plaintiff terminated from employment AND THEN CHANGED HIS STORY TO “EX-WIFE’S NEW BOYFRIEND AND unknown RAPIST”. 3. Kelly Davis - operations manager - Present at all interrogations sessions between Kevin Gray and Plaintiff about allegations made by Mr. Mayo. At approx 1400 on 12 Oct. 2002, Mr. Gray alleged to Mr. Salidino that I somehow “injest” threatened Mr. Gray. Mr. Davis stated in a conference talk w/Sutton, Gray, Settles (HR Manager) and Saladin that I hadn’t at that time or any other threatened Mr. Gray or anyone. Mr. Gray had fabricated this lie in an attempt to have Plaintiff terminated; as retaliation for the multiple complaints filed against him over the six years of employment with Federal Express.
The Plaintiff alleges unto the Court: FOR A FIRST CAUSE OF ACTION-WRONGFUL TERMINATION 1. Wrongful termination of Plaintiff based on false information provided to upper management by named defendants in this action- Federal Express. The company responded to fraudulent statements. FOR A SECOND CAUSE OF ACTION- DEFAMATION 1. Defendant- "Thomas Mayo" made False and misleading statements about Plaintiff’s character and subject matters to "Glenn Sutton" - Station Manager FedEx in an attempt to have Plaintiff, Jason Bulsa, terminated from employment- 3 Oct 2002 approx. 1130 AM. FOR A THIRD CAUSE OF ACTION- DEFAMATION 1. Defendant- Kevin Mark Gray- Operations Manager FedEx, made False and misleading statements about Plaintiff’s character and subject matters to Management in an attempt to have him terminated from employment as an act of vengeance for the many complaints filed against this Defendant- 12 Oct 2002 approx. 1300 FOR A FOURTH CAUSE OF ACTION- BREACH OF CORPORATE POLICY 1. Federal Express’s Breach of policies- People’s Manual- concerning pay pertaining to suspension period while legal issues were being resolved concerning Plaintiff - People's manual pp. 45-46 Breach of Fiduciary policy and section 2-5 Acceptable Conduct, 8-80 Security FOR A FIFTH CAUSE OF ACTION- DEFAMATION 1. Michael Saladino - Intentional Mental and Emotional cruelty- sending known false information to upper management and further restating to Plaintiff through GFT Process and later a letter that Plaintiff had attacked his wife and threatened a manager "Kevin Gray" after manager, "Kelly Davis" told him during a conference call that Plaintiff did NOT threaten anyone, and Mr. Salidino had been informed months early that Plaintiff was acting in SELF DEFENSE and was found innocent on those charges. Federal Express created grounds to terminate Plaintiff after he was cleared of these charges against him and did NOT voluntarily separate himself by applying for unemployment during (6 Sept 2001- 6 Sept 2002) Plaintiff he was placed on LWOP. 2. Glenn Sutton - Federal Express station manager; Spartanburg, SC. Stated on 3 October 2001 at approx. 1130 that Wayne Mayo called from Disney distribution center and said,” Plaintiff was going to buy an M-16 and KILL his ex-wife and father-in-law” in an attempt to have Plaintiff terminated from employment AND THEN CHANGED HIS STORY TO “EX-WIFE’S NEW BOYFRIEND AND unknown RAPIST”. 3. Kelly Davis - operations manager - Present at all interrogations sessions between Kevin Gray and Plaintiff about allegations made by Mr. Mayo. At approx 1400 on 12 Oct. 2002, Mr. Gray alleged to Mr. Salidino that I somehow “injest” threatened Mr. Gray. Mr. Davis stated in a conference talk w/Sutton, Gray, Settles (HR Manager) and Saladin that I hadn’t at that time or any other threatened Mr. Gray or anyone. Mr. Gray had fabricated this lie in an attempt to have Plaintiff terminated; as retaliation for the multiple complaints filed against him over the six years of employment with Federal Express.
GREENVILLE) FOURTH DISTRICT Bulsa ) Federal Express Psychiatric Med Manager of the Year "Kevin Gray" Spartanburg v Gray Plaintiff, ) CASE: 7:05-1227-20BI v. ) COMPLIANT KEVIN MARK GRAY ) JURY TRIAL Defendant 305 John Dodd Rd. ) Spartanburg, SC
;; FOR A FIRST CAUSE OF ACTION- DISCRIMINATION 1. Review scores for Plaintiff by Defendant; Kevin Mark Gray vs. all other managers 5-08-1997 4.2 Kevin Gray 5.6 Danny Hayes 2-17-2000 8-16-1999 6.4 Kelly Davis 6.2 8-4-2000 6.5 Kelly Davis 2-07-2001 Kelly Davis 7-12-2001 6.0 Scale of 4.0 - 7.0 2. At approx 1400 on 10 Oct. 2002 Mr. Gray alleged that I somehow “injest” threatened M Gray, Davis stated in a conference talk w/Sutton, Gray, Settles, and Saladino that I had not at that time threatened anyone. Gray had fabricated this lie in an attempt to have Plaintiff terminated for years as retaliation for the multiple complaints filed against him over the six years of employment with Federal Express at Spartanburg Station. 3. Maurice Settles- Station Manager, Federal Express stated, after sixteen complaints against Kevin Gray 13 Oct. 1997 by Plaintiff that Gray would be fired if I had not wanted to bring them to his attention all at once. 4. Glenda Ponder, CSA, Federal Express. Mr. Gray has intentionally, maliciously done and acted in unprofessional ways in repeated attempts to have me terminated or leave on my own accord from FedEx. 5. There was a time when Mr. Gray won’t let Plaintiff in a door Plaintiff didn’t have the code to until Plaintiff told Mr. Gray he was going to leave my equip. and go home. 6. Mr. Gary almost got Plaintiff arrested my sending Plaintiff to the airport with a package and told him to drive it straight to the plane. Plaintiff was questioned and told if it ever happened again- the FBI would arrest him and take my vehicle. 7. Plaintiff has a great work record of over 6 years of employment and was continuously mistreated by Mr. Gray. FOR A SECOND CAUSE OF ACTION- RETALIATION AND DEFAMATION 1. Intentional Mental and Emotional cruelty- sending known false information to upper management and further restating to Plaintiff through GFT Process and later a letter that Plaintiff had threatened a manager Kevin Gray after manager, Kelly Davis told him during a conference call that Plaintiff did NOT threaten anyone. Mr. Gray created grounds to terminate Plaintiff after he was cleared of these charges against him and did NOT voluntarily separate himself by applying for unemployment during (6 Sept. 2001- 6 Sept. 2002). Plaintiff he was placed on Leave Without Pay. 2. Plaintiff should be told rights to counsel such as a Union Representative Bias, prejudice, a motive to lie. 3. Evidence Rules- Biased EMPLOYEE OPINION WERE BELIEVED OVER THAT OF TRAINED, LICENSED EXPERTS; MOTIVE TO FABRICATE LIES ABOUT PLAINTIFF. 4. ALL interviews should have been taped and conducted by Corporate Security, local police detectives or some other NON-biased parties. 5. REFERENCE; Police Rights by Charles Friend* comparing Assault to a Threatening statement- a. Must have contact with alleged victims with intent to harm- LACKING if any. B. Contact MUST BE UNLAWFUL. C. Words alone are not enough to constitute an assault. D. An ambiguous gesture (in jest) (THREAT) which might otherwise in itself constitute assault is rendered HARMLESS by accompanying statements which CLEARLY indicate that no (threat) is intended. E. A person making a threat MUST HAVE APPARENT ability to complete the (threat). Plaintiff would have to “buy “a gun does have or NEVER had one. 1. I do not own a gun, I have never owned a gun, and have no plans to ever own one. 2. I would gain nothing from hurting anyone else. 3. I have no violent history or Criminal background prior to these allegations. My Ex-wife does. 4. Mr. Gray benefited from these allegations by my termination. 5. Mr. Gray has been trying to have me fired for years. 6. Plaintiff had given statements to the police about Mr. Garner's crimes. 7. Federal Express took the word Mr. Gray over mine and Mr. Davis because they were trying to fire me. 8. I had voluntarily undergone psychiatric evaluations paid for by the Plaintiff. 10. Page 7-23, 24 of the first set of interrogatories from Defendants prove Mr. Gray lied.
WITNESSES 1. A. The “witnesses” were neutral parties. B. Kelly Davis - operations manager, Present at all four interrogations sessions between himself, Kevin Gray and Plaintiff about False allegations made by Mayo. At approx 1400 on 12 Oct. 2002 Mr. Gray alleged to Salidino that I somehow “injest” threatened Gray, Davis stated in a conference talk w/Sutton, Gray, Settles (HR Manager) and Saladino that I hadn’t at that time or any other Gray or anyone. Gray had fabricated this lie in an attempt to have Plaintiff terminated- he has had for years as retaliation for the multiple complaints filed against him and him alone over the six years of employment with Federal Express. C. Julie Jackson, Keith Williams, Andray Smith-Couriers. Lt. Mark Barry Spartanburg Police Dr. Rebecca Fricker, Psychiatrist National Victim's of Crime Center, Medical University of SC 171 Ashley Ave. Charleston, SC 29425. List of Evidential Support and Memorandum- From Plaintiff’s Employee File 2-10 Suspension letter 9/11/2001 3-39 MRO consult 10/2/2001 3-41 Psychiatrist’s notes 11/26/01 and 12/10/01 3-55 Termination letter for “possible” violation of one of two Acceptable policies listed above 10/14/02 3-62 Medical report 9/27/01 3-71 Psychiatric history at bottom of page 3-116 Psych. Report 11/20/2001 3-132 Mental Health records 10/30/01 3-140 TLA?? with K. Gray 8/15/? 3-146 Counseling K. Gray?? 3-151 Action Plan 4/25/1997 w/ Gray 3-182 Outstanding Performance letter 12/16/98 3-185 Follow up to 18 complaints by Plaintiff against Kevin Gray 10/13/1997 3-187 Outstanding letter 11/03/97 3-305 and 307 Counseling notes of Gray 3-310 Safe Driving Award 4/25/00 4-5 and 4-6 EEOC compliant 7-2,3 Summary of “statements” “VIEWED” AS THREATS. 11/27/2002 7-5,6 GFTP Complaints 10/14/02 7-38 GFT 11/20/2002 7-57 Counseling- Gray 8/01/2001 7-63 Suspension w/ pay, “a possible violation” 10/3/02 7-67 “Remark in jest” letter 10/31/2002 8-1 Cancellation of health care 4/30/03 none provided 9/6/2001- 9/30/2002 SCESC Decision 3/12/03- regarding unemployment benefits 9/6/2001- 9/06/2002 THEREFORE, the Plaintiff prays as follows for temporary and permanent relief: MEMORANDUM OF COSTS FedEx as of 9 June 2005 1. Actual expenses-incidental damages; incurred as of 9 Feb 2004= 50 hours legal research 2. requested copies-34 pages- $3.40 3. service costs$0.37x 8=3.56+ 2.29= $.85 4. certified complaint letter $4.45 5. Doctor's care (records)-$18.50 6. mental health-$6.00 7. 3 years lost wages and benefits= $150,000.00 8Doctor's care visit 27 Sept 01-$35 9 Psych records- $18.50 10. Dr. Paul Gunter letter- $25 11 Dr. Gunter counseling fees-$283 12. Psychiatrist Dr. Page-$ 283.50 13. Arnold and Arnold Law Firm W. Andrew Arnold PA Discrimination Specialist 712 E. Washington St. Greenville, SC 29601 864.242.4800 $200 consultation fee 14. Other wages and job connected losses, benefits, court-related fees. 15. Punitive Damages in the amount of $100,000.00 for mental and emotional trauma, additional legal costs, loss of employment and income, damage to the character, daily mental anguish- actions aggravated existing injuries caused by first false allegations. Emotional Distress- grief, shame, humiliation, embarrassment, worry, shock, depression, anxiety. Years of demeaning treatment by Mr. Gray actions aggravated existing injuries caused by false allegations: Emotional Distress- grief, shame, humiliation, embarrassment, worry, shock, depression, anxiety, irreparable harm to Plaintiff’s entire life in society especially- work future, additional legal costs, daily mental anguish, and private life, harassment through intrusion into Plaintiff’s solitude 16. Other wages and job connected losses, benefits. 17. Daily mental anguish- actions aggravated existing injuries caused by first false allegations. 18. Emotional Distress- grief, shame, humiliation, embarrassment, worry, shock, depression, anxiety. Years of demeaning treatment by Mr. Gray actions aggravated existing injuries caused by false allegations: Irreparable harm to Plaintiff’s entire life in society especially- work future, additional legal costs, daily mental anguish, and private life, harassment through the intrusion into Plaintiff’s solitude, and private life. 19. Other wages and job connected losses, benefits. 20. Injunction relief - change policy to have independent investigators conduct ALL interviews while taped with counsel for (accused) while being questioned. 21. For such other and further relief as the Court may deem just and proper. 6-9-2005 Spartanburg, SC http://garnerrape.blogspot.com/
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