Press Release--March 7, 2023--Coleman v. Transdev Services, Inc.
Tags: Transdev Services Wrongful Termination And Discrimination Disability Harassment Interactive Process
FOR IMMEDIATE RELEASE:
Olsen Law Offices announced on March 7, 2023 that it has a pending civil action against Transdev Services, Inc. The action is currently pending in the United States District Court, Central District, Central Division, case no. 22-cv-09304-RGK-PD.
Olsen Law Offices represents Derwin Coleman, a 55 year old African American man who is HIV positive and who worked for Trasndev as a bus driver. Transdev operates busses for public transportation in and around Los Angeles, California, as well as other locations throughout the country. This much is not in dispute—On January 12, 2018, Coleman was working a shift as a bus driver out of Arcadia, California. A passenger with a bike sought to use the bus and to mount the bike on the rack at the front of the bus. Coleman could see the bike was not properly secured to the racks. Coleman informed the passenger that he could not operate the bus until the bike was properly secured. The passenger became irate and violent. He spit on the windshield toward Coleman from outside the bus. Coleman, seeing no choice, got out of his driver’s seat to secure the bike. The passenger grabbed the bike and swung it to hit Coleman. Coleman suffered extensive injuries to his shoulder and back. The passenger spit on Coleman before fleeing. Coleman called the police and filed a police report. Just a couple of days after the incident, Coleman visited a doctor under Transdev’s workers compensation insurance. Transdev’s doctor cleared Coleman to return to work with restrictions. Transdev fired Coleman within days of being cleared to return to work.
Coleman alleges that Transdev wrongfully terminated him. The employee’s complaint identifies fifteen (15) causes of action: 1) discrimination based on medical condition; 2) medical condition harassment (FEHA); 3) medical condition harassment (hostile work environment); 4) failure to prevent discrimination for medical condition; 5) discrimination based on age; 6) failure to prevent discrimination for age; 7) retaliation; 8) failure to accommodate (FEHA); 9) failure to engage in the interactive process of accommodation; 10) failure to provide meal periods; 11) failure to provide rest breaks; 12) failure to provide accurate, itemized wage statements; 13) failure to pay all wages owed at termination; 14) wrongful termination in violation of public policy; and 15) violation of California’s unfair competition law.
Coleman seeks to recover damages related to emotional distress—loss of sleep and insomnia, fatigue, drowsiness, anxiety, loss of self-worth, sense of dread, among other manifestations of distress. Coleman seeks to recover wages for the time he would have continued to work but for the wrongful termination. Moreover, Coleman seeks to recover regular wages and overtime wages for hours worked but unpaid.
Transdev Services, Inc. denies all of Coleman’s allegations and contends that Coleman is not entitled to recover any damages. It is important to note that the case is still pending and no decision has been made by any court or fact finder concerning the validity of Coleman’s claims or Transdev’s defenses.
About Olsen Law Offices, APC: Olsen Law Offices specializes in employment litigation in all areas of employment law. Olsen Law Offices has extensive experience litigating matters concerning wrongful termination, retaliation, harassment and hostile work environment, work place defamation, gender discrimination, race discrimination, sexual orientation discrimination, and disability discrimination. Moreover, Olsen Law Offices has extensive experience in wage and hour cases as single-employee cases, class actions, and actions under the Private Attorneys General Act (“PAGA”).