Petition for Writ of Certiorari — Jeffrey P. Corbin, Petitioner v. Federal Express, dba FedEx

No.____

In the

6upreme Court at the Mufteb 6tate,4

Jeffrey P. Corbin,

Petitioner,

—v—

Federal Express, dfb/a/ FedEx,

Respondents.

On Petition for Writ of Certiorari to the

United States Court Fourth Circuit Court of Appeals

PETITION FOR WRIT OF CERTIORARI

JEFFREY P. CORBIN

PETITIONER PRO SE

481 REDDECK ROAD

NEWPORT NEWS, VA 23608

(757)660-8337

HEYJPAUL@GMAIL.COM

JULY 2, 2018

QUESTIONS PRESENTED

Whether any of the district court's procedural and evidentiary rulings

constituted an abuse of discretion requiring reversal of a judgement.

Whether filing Title VII action to which the underlying EEOC charge failed

to assert retaliation, an amended complaint allegation asserting retaliation as the

motive for an employment termination was an alternative to the original complaint

allegation that the Termination! Constructive Discharge was a result of a

discriminatory motive affects federal-court subject matter jurisdiction in the action

or, instead, delineates a substantive ingredient of a Title VII claim for relief to be

resolve on the merits on this case.

1

TABLE OF CONTENTS

QUESTIONSPRESENTED.......................................................................................

TABLE OF AUTHORITIES .....................................................................................iii

OPINIONSBELOW ..................................................................................................1

JURISDICTION.........................................................................................................1

STATUTORY PROVISIONS INVOLVED................................................................1

STATEMENT OF THE CASE...................................................................................1

Summary of the Case......................................................................................1

Offer Letter History........................................................................................4

Case Details.....................................................................................................4

ARGUMENT............................................................................................................20

Summary of Argument .................................................................................20

Supporting Proof for Argument....................................................................22

CONCLUSION.......................................................................................................... 24

Appendix Table of Contents

Per Curiam Opinion of the Fourth Circuit (April 3, 2018) ............ App. 1

Order of the District Court Denying a New Trial and Denying

Awarding of Costs (June 4, 2018 ....................................................App.4

Jury Verdict (November 2, 2017) .................................................... App. 11

Evidence of Defendant Federal Express Perjury and Other

SupportingMaterial........................................................................App.12

Transcript Evidence ........................................................................App.56

11

TABLE OF AUTHORITIES

Albemarle Paper Co. v. Moody,

422 U.S. 405 (1975)

Adickes v. SHKress & Co.,

398 Us 144 (1970)

Alexander v. Choate,

469 Us 287, 105 S. Ct. 712, 83 L. Ed. 2d 661 (1985)

Arba ugh v. Y& H Coip.,

546 Us 500, 126 S. Ct. 1235, 163 L. Ed. 2d 1097 (2006)

Atascadero State Hospital v. Scanlon,

473 Us 234, 105 S. Ct. 3142, 87 L. Ed. 2d 171 (1985)

Bercovitch v. Baldwin School,

964 F. Supp. 597 (D.P.R. 1997)

Bra gdon v. Abbott,

524 Us 624, 118 S. Ct. 2196, 141 L. Ed. 2d 540 (1998)

Brown v. GSA,

425 Us 820, 96 S. Ct. 1961, 48 L. Ed. 2d 402 (1976)

Calero -Cerezo v. US Dept. of Justice,

355 F.3d 6 (2004)

Cleveland v. Policy Management Systems Corp.,

526 Us 795, 119 S. Ct. 1597, 143 L. Ed. 2d 966 (1999)

Delaware State College v. Ricks,

449 Us 250, 101 S. Ct. 498, 66 L. Ed. 2d 43 1(1980)

Doe v. University ofMaryland Medical System Corp.,

50 F. 3d 1261 (1995)

Franks v. Bowman Transp. Co.,

424 US 747, 96 S. Ct. 1251, 47 L. Ed. 2d 444 (1976)

Griggs v. Duke Power Co.,

401 U 5 424, 849. 28. L. Ed. 2d 158 (197 1)

Henrietta D. v. Bloomberg,

331 F. 3d 261 2d (2003)

Lane v. Pena,

518 US 187, 116 S. Ct. 2092, 135 L. Ed. 2d 486 (1996)

Lovell v. Chandler,

303 F. 3d 1039 Court of Appeals (9th Cir. 2002)

McDonald v. Santa Fe Trail Transp. Co.,

427 US 273, 96 S. Ct. 2574, 49 L. Ed. 2d 493 (1976)

111

Northcross v. Memphis Board of Education,

412 U. S. 93, S Ct 2201 L.Ed. 2d 48 (1973)

Sylvia Connor v. Family Dollar Store,

36 So. 3d 339 (2010)

Robinson v. Shell Oil Co.,

519 US 337, 117 S. Ct. 843, 136 L. Ed. 2d 808 (1997)

United States v. Sla wik,

548 F. 2d 75 3rd Ct (1977)

'V

OPINIONS BELOW

The Opinion of the Fourth Circuit, dated April 3, 2018, is included below at

App.1. The order of the District Court Denying a New Trial and Denying the

Awarding of Costs is included below at App.4. Neither opinion is published.

JURISDICTION

The opinion of the Fourth Circuit was issued on April 3, 2018 (App.1). This

Court has jurisdiction under 28 U.S.C. § 1254(a).

STATUTORY PROVISIONS INVOLVED

• 42 U.S.C. § 2000e

• 29U.S.C.211

• 29 U.S.C. § 626

• 42 U.S.C. § 12117

• 42 U.S.C. § 2000ff-6

STATEMENT OF THE CASE

A.

Summary of the Case

I (Petitioner) began employment for Federal Express on April 20, 1992 in Denver

Colorado until my termination on Feb 5, 2014. I (Petitioner) worked 21 years 9

months and 16 days. Hello name is Jeffrey P Corbin, I am a 59 year old Petitioner in

this case and I am African American. I am a husband to Patricia Corbin of 28 years

and father to three, our oldest daughter Brandi is mother to our two grandchildren,

middle daughter is Janea and our son is Devin.

In 2001 we made the decision to move to Virginia after school was out in 2002 to

be closer to family, instead of using the flying benefits offered by Federal Express

1

that we used yearly before the destruction of World Trade Towers. This was an

opportunity to increase my chances of becoming a mechanic with Federal Express. In

June of 2002 after school was recessed for the

I (Petitioner) have applied for several positions in the 21 years of employment

with Federal Express. I've worked as a cargo handler to a Driver in four different

positions at three locations and my final position I've held three different positions at

three location of Offer Letters.

I (Petitioner) moved into the Norfolk position on March 18, 2013 as a SR.

Vehicle/GSE Technician DOT/CDL Vehicle Maintenance Dept. This location is a two

man shop of Petitioner and Tom Scott, the shop is locked by combination in order to

get inside the shop, one would had to have the combination. Within the first two

weeks, I had to work with coworker Tom Scott who is the Technician on the AM shift

so I could get familiar with the shop.

In the first week at Norfolk I (Petitioner) asked Scott to show me the ropes on

how the Norfolk Ramp works, Scott immediately replied "It would take someone like

you (Petitioner) thirty years to learn what's on the GSE". I took this comment as

discriminatory but I did not allow it to detour me from the mission at hand and that

was to do the job that I was hired to do. Scott wasn't interested in showing me

anything so I (Petitioner) left Scott and went about doing what needed to do.

March 25, 2013 was my second week of working with Scott. I (Petitioner) soon

began to see that Scott was checking behind me on the jobs that I was completing, he

(Scott) wasn't my manager, boss or supervisor and Scott action took me by surprise.

During the two weeks that Scott and I (Petitioner) worked in the same building (but

not together), Scott wanted nothing to do with me so I stayed out of his way. Scott

would ask me questions on how I repaired certain jobs, I (Petitioner) answered his

(Scott) question he (Scott) would reply "That's Bullshit", telling me his way was

better.

Within the third week I continue to see that my work was being check and I was

at this point getting frustrated so I made my first call on April 7, 2013, to Manager

Mark Clatterbuck which Clatterbuck never answered so I left a message and

Clatterbuck never returned my (Petitioner's) calls. I began to feel ostracism as if I did

not belong at the Norfolk Ramp and unwelcoming demeanor from Tom Scott

behavior.

Over the course of March 18, 2013 to Oct 7, 2013 and again Jan 6, 2014 to Jan

27, 2014, I (Petitioner) made a total of 61 calls totaling 148 minutes, 54 of the calls

were of me (Petitioner) calling Clatterbuck leaving message after message, and

Clatterbuck returned only 7 of those calls. I (Petitioner) also began contacting Human

Resource Representative Mary Davin on 8/23/2013 to Feb 5, 2014 which, she (Mary

Davin) advised me to "Go through my chain of command", Mary Davin too would not

return calls to me (Petitioner) after I left messages to her. I contacted other HR

Representative's, by phone, 16 calls totaling 210 minutes, all calls turned out to be a

dead end to me (Petitioner) getting any resolution.

3

Offer Letter History

Denver 1992-2002 CD FDX/CORBIN STATION #253 04/20/1992 Offer Letter

CD FDX/CORBIN STATION #247 06/06/1994 Offer Letter

CD FDX/CORBIN STATION #246 11/12/1994 Offer Letter

Dulles IADR AG&T 2002-2003

CD FDX/CORBIN STATION #237/238 06/24/02 Offer letter

Norfolk RTD, RT 2003-2005

CD FDX/CORBIN STATION #229 08/07/03 Offer letter

CD FDX/CORBIN STATION #244 06/10/04 Offer Letter

Connecticut BDLR 2005-2007

CD FDX/CORBIN STATION #242/224 06/15/05 Offer letter

Fredericksburg DGNA 2007-2013

CD FDX/CORBIN STATION #218/219 04/24/07 Offer letter

Norfolk ORFR 2013-2014

CD FDX/CORBIN HR #2183 03/01/13 Offer Letter

CD FDX/CORBIN STATION # 252-266 Employment

Application w/ New Hire Pamphlet

CD FDX/CORBIN STATION #939-942 Jeffrey P. Corbin

Resume

Case Details

I am a Disabled Veterans from the results of both knees being injured while

serving. I joined the Army Reserve in 1989. In Jan of 1990 I was deployed to Desert

Storm. I was released from the Military with an Honorable Discharge and 20%

disability on Dec 17, 1997. Manager Mark Clatterbuck has denied that he knew I was

a Disable Vet to the legal department on an email to Marseah Farmer. Mr.

Clatterbuck also withheld documents from EEOC that he knew of my military

background. Mr. Clatterbuck and I updated my Performance Review in Prism for 7

to 8 years and Clatterbuck thanked me for my services to the country, where my

veteran and disability status was located. FedEx withheld those documents by not

11

submitting them on the CD FDX/CORBIN that was issued on 6/6/2016. Withholding

of these documents only means that FedEx was covering up the truth on their failure

to accommodate Petitioner. FedEx also has a policy in the People's Manual Employee

Handbook for non-discrimination against qualified individuals with disabilities that

also provides reasonable accommodation in the employment of the disabled upon

request where such accommodation does not cause undue hardship. Equal

Employment Opportunities were not available to me as it states in the People Manual

that FedEx Express extends equal employment opportunity to all qualified

individuals without regards to race, color, religion, national origin, citizenship,.... etc.,

• Dkt. 1-6 12/18/15 Page 2 Of 12 PagelD# 116 *535 Disabled

Individuals/Reasonable Accommodation.

• Dkt. 1-4 12/18/15 Page 3 Of 4 PagelD# 109 *455 Equal Employment

Opportunity Policy; and

• Dkt 1-4 12/18/15 Page 4 of 4 PagelD# 110 continued from 4-55 Equal Employ.

Opport.

• CD FDX/CORBIN HR #2048-2051 Emails to/from Farmer, Davin and

Clatterbuck

• CD FDX/CORBIN STATION #269, Letter of Commendation.

• CD FDX/CORBIN STATION #270, DD214 Certificate of Release or Discharge

from Active Duty.

• CD FDX/CORBIN STATION #1069, #1105-07, Medical documents from

Military Examination.

• Dkt. 1-2 12/18/15 Page 38 of 67 PagelD#42 Dept. of Veterans Affairs Summary

of Benefits.

• Dkt. 1-2 12/18/15 Page 39 of 67 Page ID#43 VA Benefits Details.

• Dkt. 1-2 12/18/15 Page 40 of 67 Page ID#44 Honorable Discharge Certificate.

• CD FDX/CORBIN STATION #214-215 Employee Information Screen.

Verification of the employees Prism On File screen information is up to date (d)

9/23/09.

5

On March 13, 1992, while serving in the Army as a Reservist, I applied for

employment with Federal Express. I was hired on April 20, 1992 as a material

handler. When I came to work for Federal Express I had previous experience as a

DOT! Driver of Tractor Trailer.

• CD FDX/CORBIN STATION #252-266 Employment Application w/ New Hire

Pamphlet

• CD FDX/CORBIN STATION #939-942 Jeffrey P. Corbin Resume

• CD FDX/CORBIN STATION #317-320, FMCSA/DOT- Covered Employment!

Application History and Agreement to release controlled Substance and

Alcohol

• CD FDX/CORBIN STATION #198 Colorado's 1999 Commercial Driver's

License Copied Listed above Offer Letter Nov. 12, 1994, for the position of a

Tractor Trailer Driver

• CD FDX/CORBIN STATION #349 Virginia's 2014 Commercial Driver's License

Copied

In 1998 I attended DADC Denver Automotive and Diesel College where I

earned my Associated Degree in Automotive. I earned certificates from school as well

as FedEx as I received training required by the job regularly. After graduating in

2001, my wife and I decided to move the family closer to our families living on the

East Coast, after the World Trade Towers we destroyed.

• CD FDX/CORBIN STATION #341 Heavy Duty Electrical ProClinic Certificate

from Interstate Batteries.

• CD FDX/CORBIN STATION #380 ASE Refrigerant Recovery & Recycling

Ronald H. Weiner Pres. ASE

• CD FDX/CORBIN STATION #383 Cummins Diesel Engine Diagnostics Training

Certificate from FedEx

• CD FDX/CORBIN STATION #384 W-Series Diesel Keyless Entry Training

Certificate from FedEx

• CD FDX/CORBIN STATION #390 Vehicle Maintenance Tire Program Certificate

• CD FDX/CORBIN STATION #392 Intro to Electronics Course Certificate from

FedEx

• CD FDX/CORBIN STATION #393 Hydraulic Theory and Applications Course

Certificate from FedEx

• CD FDX/CORBIN STATION #949 Certificates from DADC

In June 2002, after graduating from DADC, my wife and I decided to move to

the East Coast to be closer to our family.

On March 1, 2013, I received an Offer Letter for the position as a Sr.

Vehicle/GSE Technician DOT/CDL in the Maintenance Department at a salary equal

to my current salary. My pay however was not equal because I was receiving less

money after I moved to the Norfolk Ramp. This is where I believed the harassment

truly began. This CD probably should not have come to me with all that is has but I

believe things happen for a reason and for that I will count my blessing to it. I wanted

that Technician job and I did everything correctly to get that job, it's what I went to

school for and I worked my way through the system the right way to get there

sacrificing what I felt I need to do to get that Technician job less than 30 minutes

from my home after all those years of being away from home finally came an

opportunity.

March 18, 2013 I began working at the Norfolk location. Norfolk had different

types of trucks than Fredericksburg where I worked previously. During Tom and

myself two weeks of working together I experience unnecessary behavior that I did

not like. Tom Scott made what I felt were racial comments of "someone like you". The

only thing that separated Tom Scott and I was color. The harassment I was receiving

from Tom Scott began to take a toll on me causing my blood pressure to escalate.

7

Tom's behavior was unnecessary so I began emailing Mark Clatterbuck and I finally

had about all I could take and I threaten to go to HR. I also made phone calls but I

felt Mark was avoiding my calls by not answering or returning my calls. I began to

see more problems with Tom Scott harassing mode swings. I felt his comments were

confrontational during those times when we work together. Scott made it his business

to check my work, testing me with questions on how I would make repairs on certain

jobs. Scott would response with "that's bullshit" after I answered his question. When

it appeared to me that management was not doing anything to resolve my issues I

began to contact Mary Davin but after several calls to her she seem unconcern and

suggested that I go through my chain of command. My management, was my chain

of command and why I was calling to complaining about so I contact another Human

Resources Representatives. I would talk sometime for minutes and after making

several calls there appeared to be no resolution to resolving my issues with Tom,

Mark or Mary. Now my blood pressure is extremely high.

• Dkt 1-3 12/18/15 Page 23 of 35 PagelD# 94 Section #2 Unit 302741 VIR Sept

20, 2013 5:56pm

Mark responded in an email with "We're all adults" just made me mad. Not,

everyone was acting like adults. I knew I had to keep calling Human Resource.

• Dkt 1-3 12/18/15 Page 23 of 35 PagelD# 94 Section #3 Unit 302741 VIR Sept 20,

2013 3:24p m

• Dkt. 1-3 12/18/15 Page 13 of 35 PagelD# 84 7/26/2013, July 29, 2013 3:25 am,

July 29, 2013 1:44 pm

• Dkt. 1-5 filed 12/18/2015 Page 3 of 4 Page ID# 113 555 Anti-Harassment Section:

Complaints

• Dkt. 1-2 filed 12-18-2015 Page 49 of 67 Page ID# 53 Bullet #4 Rebuttal Response

2/10/15 to EEOC

• Dkt. 1-8 filed 12/18/2015 Page 2-4 PagelD# 136 The People Manual Internal

EEO Complaint Process

• Dkt. 1-3 filed 12/18/2015 Page 16 of 35 PagelD# 87 Email: Personal Package Aug

22, 2013 4:33p m

• Dkt. 1-3 filed 12/18/2015 Page 18 of 35 Page ID# 89 Email: Missing item in box

Aug 21, 2013 7:29pm

• Dkt. 1-3 filed 12/18/2015 Page 23 of 35 Page ID# 94 Email: Unit 302741 VIR

Sept 20, 2013 5:56p m

Tom and I worked together more than the two week from March 18, 2013 to

April 5, 2013. We also worked other days as well.

• See Id #321 Email May 20, 2013 9:58 am Subject Tom Scott Vacation

I requested training from Mark Clatterbuck, which was done by computer and

was available at management control. I felt my requested for training were denied,

because Clatterbuck never uploaded the training to my email address. Since the walk

through with Tom Scott did not go well, I felt that I needed that training to be refresh

on the different types of truck at Norfolk compared to the types of trucks at

Fredericksburg. The training I requested was important for me to do my new job as

a Technician and so was the clutch jack tool. The many certificates I have achieved

was only accomplished with the help of management providing that training. Tom

Scott returned from vacation on 7/11 causing problem, making sarcastic comments

just unnecessary remarks.

• See Id #322-323 Email May 28, 2013AM Help

• Dkt. 1-3 filed 12/18/2015 Page 1-35 PagelD# 72 EEOC Initial Complaint Page

2 Question # 4

In Aug, Sept and again in Oct of 2013 I requested a tool (clutch jack) that would

have allowed me without a second person to do my job without reinjuring my right

knee that had already been repaired in July 2012, and prevent the left knee from

more pain that I was already dealing with. I never received the tool and I felt that I

was discriminated against because of my disability and my race. I explained to my

manager that I needed this tool (which could help me in not having to lift a 100 lbs.

clutch from the vehicle) to do my job which is why I requested this tool in the first

place. I felt that I was denied the opportunity to advance at the job when management

failed to provide the tool during Aug- Oct 2013 and Jan 2014 of my employment as a

Mechanic at the Norfolk location. On one hand FedEx has always been about saving

money and when I made the requests for the tool so that I could do the work in house

to save money then someone sends Asset 301876 to a vendor and blame me Petitioner

for that unauthorized repair.

• Dkt. 1-2 filed 12/18/15 Page 51 of 67 Page ID #55. Rebuttal Response page 3 of

8 bullet #3.

• Dkt. 1-25 12/18/15 Page 2-4 PagelD# 202. Chapter 10: Tools 10-1 Tool Guidelines.

• CD FDX/CORBIN STATION # 330-339 Technician Personal Tool Inventory

Jeffs Sheet 1-11 3/2013

I was dealing with a lot of stress and anxiety daily as I came to work knowing

that there would be something else that I would likely have to deal with from Mark

Clatterbuck and Tom Scott. There are several emails between Manager Mark

Clatterbuck sent as a group, myself (Corbin), Scott and others within the work group.

I felt that Tom Scott was gunning for me within the two weeks that I had started and

it continued until I went out on Surgery and when I returned on Jan 6, 2014. I was

10

working really hard to get Clatterbuck to speak with Tom Scott on these matters

because the emails we becoming a bit of bullying, intimidating harassing, and often

times hostile. I felt that the harassment was getting out of hand and I began to feel

threaten by his antagonizing emails listed below.

Extreme Weather: Due to snow coming, Management delivered this email to

the work group.

• Dkt. 1-2 12/18/15 Page 32 of 67 PagelD# 36, this email address starts on the

previous page of

• Dkt. 1-2 12/18/15 Page 30 of 67 PagelD# 34, Jan 22, 2014 @4:49am TScott to

JCorbin

Water Pump: This email I originally started on Aug 30, 2013 2:33 pm and again

on Oct 4, 2013 Tom responded on Oct 7, 2013 2:50 am more than 30 days after I sent

him an email asking him about ordering a water pump and hose or if he wanted me

to order it.

• Dkt. 1-2 12/18/15 Page 43 of 67 PagelD# 47 and

• Dkt. 1-2 12/18/15 Page 42 of 67 PagelD# 46

• Dkt. 1-3 12/18/15 Page 19 of 35 PagelD# 90 Aug 30, 2013 2:33 pm, Oct 4, 2013

2:10 pm

APU Needed AC Maintenance: This unit was sitting in the back by the door

for two weeks with no power. When I contacted TScott had made the repairs and

instead of letting the AC Maintenance know that the repairs we done to the Unit it

sat for two weeks repaired in the same spot it was broken down in.

• Dkt. 1-3 12/18/15 Page 4 of 35 PagelD# 75 4/22/13, 4/23/13 346 am and 5:30

pm

11

Fwd: Computer wireless access: This email was left in view for me to see so I

copied it, but this is how TScott talked to the manager. Insubordinate at best. This is

why I think TScott talked to me the way he did. Tom Scott (he) showed no respect in

the way he talked to Manager Mark Clatterbuck then there is a guarantee that I was

not going to get any respect from (him) TScott either.

• Dkt. 1-2 12/18/15 Page 44 of 67 PageID# 48 Oct 3, 2013 8:56 am

• Dkt. 1-2 12/18/15 Page 46 of 67 PagelD# 50 Oct 3, 2013 2:45 am, Jeff wrote:

Scrap Can: This email(s): I cleaned up the area I was assigned per TScott

showed me as my work area so I cleaned up the area throwing away things that I

thought could be trashed and out of my way. I toss a scrap can and TScott began

emailing to me asking about the location the can and the scrap that was in the can.

Tom gives the recycle parts to Nanci for recycling.

Keep looking for the other email DKT Green C

• Dkt. 1-2 12/18/15 Page 5 of 35 PagelD# 764/25/13 12:21pm, 4/25/14 Jeff wrote:,

April 26, 3:38 am, April 26, 2013 2:14 pm.

5th Wheel What Unit It Goes On? This email(s): I was instructed by Tom Scott

to put the 5th wheel on a unit, I received an emailed from TScott that the part was

wrong so I was unable to make the repairs. I then saw that the repairs TScott had

asked me to complete had already been repaired by TScott.

• Dkt. 1-3 12/18/15 Page 13 of 35 PagelD# 84 7/26/2013, July 29, 2013 3:25 am,July 29, 2013 1:44 pm

On 6/06/14 FedEx released a CD to Plaintiff (me) of my 21 plus years as an

employee. The CD does not include all of my information that was reported to

Management over those years.

12

Mark Clatterbuck deliberately incorrectly completed my paper work by stating

that I had NO PREVIOUS DOT EXPERIENCE. I have enclosed a copy of my resume

as proof of my experience in the DOT field.

C.

Areas That Show Falsification of Documents

Manager Mark Clatterbuck intentionally falsified this document to read: NO

PREVIOUS DOT EXPERIENCE

• CD FDX/CORBIN STATION # 317-320, FMCSAJDOT- Covered Employment!

Application History and Agreement to release controlled Substance and Alcohol.

Jan 2, 2014, I called Mark Clatterbuck to ask for more time because my knee

was still bothering me but Clatterbuck denied me more time so on Jan 6, 2014 I

returned back to work and the same harassment, intimidation, hostile working

environment started up again. I was denied the extension because another coworker

was still out on his FMLA and he Manager Mark Clatterbuck explained to me that

the company was in need of my return.

On Jan 28, 2014, I arrived at work to find Clatterbuck there waiting for me he

explained that his boss have some question that need to be answered as we walked

into the shop. I did not understand his questioning so I followed him to the computer,

Clatterbuck sign into the computer and would not allow me to punch in now would

he allow me to look at my time card so that I could follow along and answer his

question by looking at my time card as a reference guide. I was giving a suspension

letter I was told to turn over my ID badge, and fuel card because I was being put on

suspension for failure to open and RO. Manager Mark Clatter said that he needed to

13

investigate some more, I was told that I had to be escorted off the property as Mark

walked me to my car I got in and left the property.

• CD FDX/CORBIN UNEMPLOY #2207 I. 0. M. Investigative Suspension with

Pay

• CD FDX/CORBIN UNEMPLOY #2208 Plaintiff Corbin hand written statement

on Jan 28, 2014

On Jan 31, 2014, Mark Clatterbuck Pre-Decision letter to Chris Riley cc Mary

Davin: I will comment the same comment that I have been commenting and that is,

I did not ask James Jimmy Lassiter to make repairs on the seat belt speaker, marker

lights and clutch. I did not falsify my time card and I did not bully James Jimmy

Lassiter to change his story, they all fabricated their statements.

• Dkt. 1-22 12/18/15 Page 3 of 4 PagelD# 193 Inter Office Memo to EEOC Page 1

• Dkt. 1-22 12/18/15 Page 4 of 4 PagelD# 194 Inter Office Memo to EEOC Page 2

• Dkt. 1-22 12/18/15 Page 2 Of 4 PagelD# 192 Inter Office Memo to EEOC Page 3

Feb 5, 2014 Inter-Office Memorandum Termination

Day/Constructive/Discharge

• Dkt. 1-24 12/18/15 Page 2 of 2 PagelD# 200 Mark Clatterbuck statement of

2/05/2014

• Dkt. 1-23 12/18/15 Page 2 of 4 PagelD# 196 Forced resignation Written by

Jeffrey Corbin

• Dkt. 1-23 12/18/15 Page 3 Of 4 PagelD# 197 Termination/06-31-T Falsification

Co.

• Dkt. 67 03/01/17 page 1 of 4 PagelD# 936 Corbin Statement of 2/5/2014

On July 31, 2014 my Initial Complaint in this case with EEOC involved Forced

Resignation, Harassment, Defamation, Intimidation, Hostile working Environment,

Workplace Bullying.

14

• Dkt. 1-2 12/18/15 Page 67-67 PagelD# 71 Intake Questionnaire with EEOC on

7/31/2014

• Dkt. 1-3 12/18/15 Page 1-35 PagelD# 72 Questions with Answers #5A, #513, #6

and #7 Forced Resignation or be terminated, harassment, slander, conflicts,

bullying and sarcastic comments.

On August 6, 2014 EEOC presented a filed document of my charge of

Discrimination based on Disability and Race. Disability Discrimination violation of

Americans with Disabilities Act of 1990, as amended; and the Virginia Human Rights

Act, VA code 2.20-3900B et seq., and Racial Discrimination violation of Title VII of

the Civil Rights Act of 1964, as amended.

• Dkt. 1-2 12/18/15 Page 21 of 67 PagelD# 25, EEOC Charge of Discrimination

filed Aug 6, 2014

Manager Mark Clatterbuck made several different statement as to how he

discovered that Corbin had sent FedEx Truck # 301876 to a vendor......listed below.

Mark Clatterbuck did not discover that I had sent Asset 301876 to Truck

Refrigeration for repairs it was Tom Scott's email that lead Mark Clatterbuck to

pursue why it was at the repair shop. Asset 301876 was sent to the Repair shop to

have the fairing and body work repaired with an approved Retirement and Repair

email from Manager Mark Clatterbuck.

On September 19, 2015 I received a document from EEOC issuing me a Notice

of Right to Sue that was dated September 16, 2015.

• Dkt. 1-2 flied 12/28/15 Page 17 of 67 PagelD# 21 EEOC Sept 16, 2015 Notice of

Right to Sue

• Dkt. 1-2 filed 12/18/15 Page 13 of 67 PagelD# 17 EEOC Case Log Records

• Dkt. 57-1 filed 01/13/17 Page 40 of 59 PagelD# 836 Envelope from EEOC dated

Sept 16, 2015 arrived on Sept 19, 2015

On September 30, 2014 FedEx's statement to/EEOC forward this to Plaintiff

15

• Dkt. 1-3 flied 12/18/15 Page 34 of 35 Page ID# 105 Section: Termination of

Corbin's Employment

Para. 2 "In late January 2014, Manager Clatterbuck discovered that an outside

vendor was repairing FedEx Truck # 301876...."

• Dkt. 50-2 flied 01/10/17 Page 2 Of 13 PagelD# 688.

Declaration of Mark Clatterbuck answer # 7, On Jan 24, 2014, I discovered

that Plaintiff sent Asset No. 301876 to Truck Refrigeration Repair, one of FedEx's

outside vendors, for repairs without opening a repair order or obtaining my approval.

See Id #802 Clatterbuck never discovered that asset 301876 was at Truck

Refrigeration it was Tom Scott Jan 24, 2014 email that lead Clatterbuck to the shop

having unauthorized repairs done different from what Petitioner Retirement and

Repair request approved by Clatterbuck.

• Dkt. 59 filed 2/16/17 Page 3-19 PagelD# 859. Defendant Reply In Support.

SOF No. 10.

On Jan 24, 2014 Mark Clatterbuck Manager of Fleet Maintenance and

Plaintiffs Supervisor, discovered that Plaintiff sent Asset No. 301876 to Truck

Refrigeration Repair...

• Dkt. 1-22 filed 12/18/15 Page3 of 4 PagelD# 193 Inter-Office Memo Jan 31, 2014.

Para. 1. Mark Clatterbuck admitting that he was notified by Tom Scott EE#

18464 on Friday 1/24/2014 via email (Item 1) regarding a concern with asset 301876.

• Dkt. 57-1 flied 1/13/17 Page 7 of 59 PagelD# 803 Email: Tom Scott emailed

Manager Mark Clatterbuck on Jan 24, 2014 @ 11:09 am to inform Manager Mark

Clatterbuck that Truck # 301876

On Jan 9, 2015, I received an email from Shelia Chesson pertaining to a

Response from Federal Express and in that email Shelia Chesson stated that she was

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not allowed to send me a copy of this document. I can, however, share their response

with you by phone if you agree not to make it public in any way (i.e. not share it with

any former or current employee; not make it a part of any social media like facebook,

twitter, instagram; not share it with any news media, etc.) You can share it with your

attorney should you acquire one. If you are in agreement with these terms, I can

contact you on Tuesday, January 13, 2015 at 7:00 am at (757) 369-0333, If there is

another number you prefer that I call on that date and time please let me know.

• Dkt.1-2 12/18/15 Page 48 of 67 PagelD# 52 Email from Shelia Chesson Jan 9,

2015 11:27 am

On March 2013 to Oct 2013 and upon my return on Jan 6, 2014 to Jan 28, 2014,

I felt that TScott and MClatterbuck was gunning for me by working together to build

a fake case that would get me termination/constructive discharge by resigning from

my position. Scott and Clatterbuck even went so far as to coerce James Jimmy

Lassiter to fabricate by lying that I had asked him to make repairs on a vehicle, James

'Jimmy' Lassiter even wrote a letter stating that I had bullying and threaten him into

changing his story to say that I had made the repairs on the vehicle when I did not

ask him to change his story nor did I bully or threaten him. The call was simply about

a warranty on the vehicle.

I was more than qualified for this job, I feel that Tom Scott didn't see me as a

capable candidate.

My equal rights were violated and FedEx failed to protect me as disabled black

man. Do I feel that had I been a white man that this would have never happen, "yes

iVI

I do", to the point where I was always having conflicts with Tom Scott from March

18, 2013 to Oct 7, 2013 then after I returned from FMLA knee surgery.

I feel that Scott and Clatterbuck were gunning together along with coercing

James (Jimmy) Lassiter to write a false statement alleging that I had asked him

(Lassiter) to make repairs without a work order. I did not ask James (Jimmy) Lassiter

to repair the clutch, speaker, seat belt and marker lights. I never sent Manager Mark

Clatterbuck a request for the repairs because I was going to make those repairs

myself. My job as a mechanic was to diagnose and troubleshoot in finding problems

and submit to management a Retirement and Repair Request, informing him of the

repairs cost, requesting his approval to have those repairs done. Truck Unit 301876

was in need for a repair in August when I first found that the clutch was going out

and my first request was put in for the tool. I requested this tool again in Sept again

no word from Clatterbuck that I would be getting the tool, by now I realized that my

request for the tool I was asking for was not going to happen, yet I asked again in Oct

before I was, set to go out on FMLA foe knee surgery. I did not inform Manager

Clatterbuck of my intention of having the surgery until after I had talk with I had

requested the tool and got frustrated that Clatterbuck was not supplying me with the

tool I needed yet he wanted all repairs to be one in house and that if not in house that

it was to stay below not the normal by had now been decreased to $500.00 and my

last day of working was the Jan 27, 2014 which is the day the email was sent out Jan

28, 2014 I arrived at work and Manager Mark Clatterbuck was there waiting for me

in the parking lot.

In

My work was checked by co-worker Tom Scott, it is also what lead Clatterbuck

to investigate what Tom Scott so called discovery of truck Unit 301876 was at Truck

Refrigeration without a work order/repair order different from what the initial work

order/repair order sent with unit 301876 Jan 17, 2014 Truck Refrigeration for repairs

that had already been approved by Manager Mark Clatterbuck on Jan 16, 2014. This

same email that Scott sent to Manager Mark Clatterbuck is what lead Clatterbuck

to the investigation, resulting in the Jam 28, 2014 Suspension within a week I was

called to a meeting to which I was told after a thorough investigation I was being

Terminated with an option to resignation, so to save my good name I cowardly

resigned. After I received the information from FOIA on December 4, 2015 and I was

able to view my time card that I had in fact open an RO and that document was

misrepresented to EEOC and Court as work completed when the work done was

diagnosing and troubleshooting.

During the two week together and other especially schedule days were I was

asked to come in because Tom Scott needed a second persons help. Those times

Scott would ask me question on how I would repair certain jobs and he (Tom Scott)

would respond "that's bullshit" to my answers. Nothing was ever to his liking, Mr.

Scott act as if he was my supervisor. I tried to contact my manager thru phone calls

and emails and Human Resources Representatives Mary Davin and other thru

phone calls to make my complaints known but all my contacts were ignored and I

was not taken serious of my complaint so I filed a complaint with EEOC on July 31,

2014.

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March 18, 2013-Oct 7, 2013 I worked at the Federal Express Norfolk location

shortly after I started working there I felt I was being.

Oct 8, 2013- Jan 3, 2014, I went out to have surgery on my left knee from an

injury I sustained while in the Army in 1990.

Jan 6, 2014-Jan 28, 2014 I returned to work and the same problems I was

having with Tom Scott back in March to Oct of 2013 continued where it left off. Made

every attempt to contact Mark Clatterbuck my manager and Representative Mary

Davin and other from Human Resources over the course of time even including the

time I was out for surgery with 34 calls to Manager Mark Clatterbuck of 148 minutes

and Human Resources of 210 minutes of calls, on one call Mary Davin informed me

that I needed to go through my "chain of command".

March 18, 2013-April 4, 2013 I worked with a coworker name Tom Scott who

made the comment

-.

"it would take someone like you (me) thirty years to learn this stuff"

ARGUMENT

A.

Summary of Argument

I Petitioner lost my job because two men who hated me a black man. Cathy

Walsh made a statement in court out of Texas: Prism and HCMP contains disability

Mark Clatterbuck whether he has work for FedEx since 1997 testimony in court or

Declaration ¶ 3 Clatterbuck never expected to get caught and had no compassion for

his action, Clatterbuck knew what he was doing when he terminated me. Clatterbuck

made a Personal decision not a business decision. Petitioner argument is this case

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with all the Preponderance of Evidence that Petitioner's Civil Right was violated. The

repair order to this case clearly show that Mark Clatterbuck abused his Managerial

power by siding with Tom Scott to make Petitioner feel Ostracism, which lead to

Petitioner being terminated.

Petitioner demands request that FedEx be held accountable for the perjury

testimony that their witness's fraud up on the Court with information that disability

was not a part of PRISM. See Tiffany Teal v. Federal Express Case #316 cv 02161D. Cathy Walsh made a statement in Court in Texas: Prism and HCMP contains

disability.

Mark Clatterbuck withheld the Repair Order, the information that Clatterbuck

for 6 to 7 years thanked Petitioner for his serviced to this Country, documents that

Clatterbuck knew Petitioner was a Disable Veteran. Clatterbuck fabricated

information he wrote on his Declaration of employment with FedEx since 1977. See

Id #687 ¶ 3. The Transcript Page 268 line 2-4, Transcript Page 295, line 19-25,

Transcript Page 296 line 1-6.

Petitioner before Oct 31 to Nov. 1, 2017 have never seen or heard of a David

Huffer that he can recall. The fact remains that Huffer and FedEx act as though this

Huffer was someone Petitioner could depend on to accommodate his need for the job

is absolutely mind blowing. Each of FedEx witnesses have sat on the witness stand

and out right told the jury lie after lie after lie is an unethical violation of Federal

Law. Huffer testimony is a crime he went all around with the fabrication, then stated

the truth about the PRISM.

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B.

Supporting Proof for Argument

FedEx Attorney were lied to about Petitioner and with all the other lies that

has been found out in this case, Petitioner has questions of what is truth and what is

a lie. Petitioner was requested to this meeting on the same day that the Termination

Letter was dated because Petitioner was terminated. FedEx filed documents on

8/11/2017 with the Court admitting FedEx TERMINATED Petitioner in February

2014, See Id #1039,

Manager Mark Clatterbuck knew what he was doing when he didn't allow

Petitioner to view his time card on Jan 28, 2014, because Clatterbuck did not want to

be shown the repair order that he accused Petitioner of not opening when Petitioner

time card would have shown that a Repair Order was opened and did exist See Id

#945

Manager Mark Clatterbuck stated in his Declaration that he has been

employed with FedEx since 1977, and he testified on the witness stand that he has

work for FedEx for 19 years, one of these statement is a not true, if Clatterbuck had

worked for FedEx since 1977 to Jan 2017 his retirement, that would put Clatterbuck

at about forty (40) years of employment not 19 years? Somewhere there is perjury

here.

Manager Mark Clatterbuck suspended Petitioner for failure to open an RO

Repair Order on Jan 28, 2014

a. See Id #945 This is the Repair Order Petitioner was accused by FedEx of

not opening. FedEx withheld this document from EEOC during their

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investigation and withheld from Petitioner until Feb 24, 2014 Telephone

Conference, Judge Krask DIRECTED FedEx to produce the work order also

known as a repair order it was withheld from the case for one thousand one

hundred and eighteen (1,118) days.

5. Feb 5, 2014 Eight days later Petitioner received a phone call of the PreDecision Call results. Petitioner was terminated and a Termination Letter was issued

and when Petitioner asked for other options, Clatterbuck informed Petitioner that

his options were Resign or be Terminated. Clatterbuck also stated that if you

Petitioner fight this you will lose.

6.Petitioner asked for resolutions from the harassment that Petitioner was

receiving from coworker Tom Scott over the period of March 18, until Oct 7, 2013.

The harassment began again when Petitioner returned from FMLA on Jan 6, 2014.

The Suspension was a result of Tom Scott email and coercing Jimmy at Truck

Refrigeration to lie and say that Petitioner had asked him (Jimmy) to make repairs

that Petitioner had not requested for approval.

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CONCLUSION

For the foregoing reasons, the Petition for Writ of Certiorari should be

granted.

+q

JEFFREY P. CORBIN

PETITIONER PRO SE

481 REDDECK ROAD

NEWPORT NEWS, VA 23608

(757) 660-8337

HEYJPAUL@GMAIL.COM

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