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Man Refuses To Deliver Package Of Pot

Deliveryman Sues For Job Back

POSTED: Tuesday, November 3, 2009
UPDATED: 9:38 pm EST November 3, 2009

A former United Parcel Services driver who claims he was fired for refusing to deliver a package containing marijuana has filed a lawsuit against the delivery company.

Forty-one-year-old, Steven Mojica, of Clarkston, states in a lawsuit filed in Oakland Circuit Court that he was fired in August because he refused to deliver a 4-pound, next-day package that he believed contained illegal drugs to an address in the Detroit suburb of Pontiac.

"Something just didn't look right for all the years of delivery," said Mark Porter, Mojica's attorney. "I mean, I have no idea how many thousands and thousands of packages he's delivered and this one just stuck out that it just didn't look correct."

According to Porter, Mojica did actually deliver the package, but then had a change of heart.

"After he put the box on the porch, he had second thoughts," Porter said. "He thought he'd better leave it on the truck and get more information."

Porter said Mojica continued his UPS route, but later opened the package because he saw something sticking out that looked like a wad of wrapping. Porter said it was then that Mojica found 4 pounds of marijuana.

According to Porter, Mojica then immediately called his supervisors.

"When loss prevention showed up, (Mojica) turned everything over, there was nothing missing from the box. They told (Mojica) to continue his route, which he did," Porter said. "They then brought in him at the end of the day and accused him of trying to steal the drugs."

Porter said the incident was reported by UPS supervisors to the Drug Enforcement Administration for suspected drug dealing and that Mojica was fired five days later.

UPS declined to comment on the investigation, but Porter said the issue seemed to be Mojica's decision to open the package.

"We have a (company) statement from his supervisor in writing, notarized, that he should have delivered the package and then called UPS if he thought he had a problem," Porter said.

Mojica, who had been with the company for more than 17 years, hopes to get his job back. He is also asking for lost wages and damages.

"We're hoping he's reinstated, we're hoping someone from higher up at the Michigan district will take a look at this and do the right thing for him," Porter said.

A spokeswoman for Atlanta-based UPS said Mojica's firing was upheld by a grievance procedure.
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