7/6/2023 0 Comments Fedex gftp sample letter22 employment opportunity (“EEO”) office because he believed his age and race were 23 factors in the decision to require only Plaintiff’s relocation among the Phoenix area 24 senior managers. Plaintiff chose to relocate to LASA station. 18 FedEx gave Plaintiff the option to either relocate to the LASA station in Las 19 Vegas, or be “displaced” and have 90 days to secure a position at FedEx or have his 20 employment terminated. At that time, Plaintiff had the most tenure among Phoenix area senior managers, but 17 Plaintiff was the only senior manager forced to relocate. In February of 2009, when Plaintiff was informed of FedEx’s plans to close DGLA, 15 Plaintiff was 50 years old and one of five senior managers in the Phoenix area. FedEx’s delay in informing Plaintiff of DGLA’s closure 12 prevented Plaintiff from applying for two job openings in the Phoenix area that would 13 have kept Plaintiff from having to relocate and move away from his family. Although 9 Plaintiff was the senior manager at the station, FedEx did not inform Plaintiff about plans 10 to close the DGLA station until four months after they had informed Plaintiff’s DGLA 11 station coworkers. 7 Plaintiff worked as the senior manager of the DGLA station in Tempe, Arizona, 8 from June 2003 until the DGLA station closed in June 2009. In 5 2005, FedEx awarded Plaintiff the highest honor a FedEx Senior Manager can receive, 6 the “Five Star Award.” Id., ¶ 9. FedEx named Plaintiff either “Manager of the Year” or “Senior 4 Manager of the Year” on twelve occasions between 19. During his employment, Plaintiff held 2 various positions including courier, operations manager, senior manager, and dispatch 3 senior manager. Plaintiff remained 1 employed by FedEx until February 25, 2014. 27 Plaintiff alleges the following facts, which are assumed true for the purposes of 28 this motion. Plaintiff has filed a response and request for leave to 25 amend if necessary. FedEx moves to dismiss all claims 21 pursuant to Rule 12(b)(6) because (1) Plaintiff’s § 1981 claims are barred by the statute 22 of limitations, (2) Plaintiff has failed to exhaust his administrative remedies, (3) Plaintiff 23 has failed to state a claim for retaliation, and (4) Plaintiff has failed to state a claim for 24 constructive discharge. § 2000e the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 20 U.S.C. Plaintiff claims that FedEx retaliated against him and 18 constructively discharged him in violation of Title VII of the Civil Rights Act of 1964, 42 19 U.S.C. 14 15 Plaintiff Paul Johnson brings suit against Defendant Federal Express Corporation 16 17 (“FedEx” or “Defendant”). 12 ORDER Federal Express Corporation, 13 Defendant. 26 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Paul Johnson, No.
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