Image Source: Gareth Williams
The driver filed suit in the Southern District of New York against his former employer for firing him in retaliation for injuries he received on the job.
The employee, Nicky Colon, says he worked for the company, Autopart International Inc. as a delivery driver. He was involved in an accident while working in that capacity.
Colon suffered injuries as a result of being rear-ended. Those injuries prohibited him from carrying out any duties involving lifting heavy objects, although according to the complaint, he was able to drive.
Following the accident Colon was required to submit to a mandatory post-accident drug test. The first test was not satisfactorily completed. According to the complaint, ten days later he successfully submitted to a second drug test.
He later inquired into the results of that test, but according to the complaint, rather than responding with the results the employer abruptly terminated him.
He now seeks an order of reinstatement, money damages in compensation for any economic loss suffered as a result of the wrongful termination, as well as punitive damages. He is represented by Mark D. Shirian of New York City.
Autopart did not return a call requesting comment.