Fired UPS driver's suit claims he wouldn't deliver pot

Mike Martindale / The Detroit News

Pontiac -- A former United Parcel Services driver is suing the delivery company, claiming he was fired in August after deciding not to deliver a suspicious package that later turned out to contain marijuana.

Steven Mojica, 41, of Clarkston recently filed an Oakland Circuit Court lawsuit alleging his problems began July 29.

According to his complaint, Mojica had a next-day package from Arizona to be delivered to a house on Murphy Street. But instead, Mojica, a driver for 17 years, decided to hold onto the 4-pound package. Because of that decision, he was accused of theft by supervisors, reported to the DEA for suspected drug dealing and fired, his attorney, Mark Porter, said.

"It's nice to know UPS can guarantee delivery to drug dealers and fire employees that refuse to deliver their drugs," said Porter.

Susan Rosenberg , a spokeswoman for Atlanta-based UPS, confirmed Mojica's firing but declined to discuss specifics other than it was upheld by a grievance procedure. The company processes 15.5 million packages daily.

"We haven't seen the lawsuit so I can't comment on it," Rosenberg said. "If there are suspicions about contents of packages, any driver can notify local operations to take appropriate action."

According to the lawsuit, Mojica became "concerned that he could be in harm's way" so he returned the package to his truck but was not able to re-key the delivery pad to record deliveries. He began to receive text messages about an hour later asking why the delivery had not been made."

Mojica claims he was about to contact police when he received another message instructing him to call a supervisor, who allegedly told Mojica "he should have delivered the package, even if it contained illicit drugs."

At that point, Mojica claimed he opened the package and found it contained large sealed bags of what appeared to be marijuana. He continued his route for another two hours before he turned it over to a Loss Prevention employee.

UPS contacted the U.S. Drug Enforcement Agency and reported Mojica was involved in drug transactions in Pontiac. He was suspended and on Aug. 5 received a termination letter.

Mojica seeks reinstatement to his job, lost wages and damages for his mental and emotional distress.

mmartindale@detnews.com (248)338-0319