United States District Court, D. Delaware
ANTHONY L. WARE, Plaintiff,
TRANSPORT DRIVERS, INC., et al., Defendants
Decided March 18, 2014.
Anthony L. Ware, Wilmington, Delaware. Pro se Plaintiff.
Herbert W. Mondros, Esquire, Margolis Edelstein, Wilmington, Delaware. Counsel for Defendants.
Sue L. Robinson, District Judge.
Plaintiff Anthony Ware (" plaintiff" ) proceeds pro se and has been granted leave to proceed in forma pauperis. He filed this lawsuit on June 28, 2012 alleging employment discrimination and retaliation by reason of race, color, and sex. (D.I. 2) Presently before the court is defendants' motion to dismiss. (D.I. 13) The court has jurisdiction pursuant to 28 U.S.C. § 1331. For the following reasons, the court will grant defendants' motion and will give plaintiff leave to amend.
II. PROCEDURAL AND FACTUAL BACKGROUND
It appears that, on an unidentified date, defendant Transport Drivers, Inc. (" Transport Drivers" ) terminated plaintiff's employment as a non-exempt (piece-rate) delivery driver. (D.I. 2, facts ¶ ¶ 16-17) The complaint refers to Title VII and 29 U.S.C. Plaintiff alleges: (1) unlawful termination and refusal to reinstate when unauthorized information was provided without notice to plaintiff, all in violation of his right to due process; (2) retaliation for questioning defendants about discriminatory practices; (3) fear of retaliation based upon defendants' conduct towards black drivers; and (4) discrimination in order to create a position for a white employee. ( Id. at ¶ ¶ 9, 10, 14, 39)
The complaint also makes reference to Federal Motor Carrier Safety Regulations, the Delaware Uniform Commercial Driver's License Act, Other States Uniform Commercial Driver's License Act, the Federal Motor Carrier Safety Act, the States Act, the Whistleblower Act, due process violations, the Equal Pay Act, the Unfair Labor Practice Act, the FSLA (presumably the Fair Labor Standards Act), and the Privacy Act. (See D.I. 2, facts ¶ ¶ 1-12, 22, 48)
According to the allegations in the complaint, from May 28, 2011 to November 28, 2011, plaintiff was insured as required by
the State of Delaware. ( Id. at ¶ 30) Plaintiff alleges that defendants through a third party and, on an unknown date, fraudulently obtained his driving records from the Delaware Division of Motor Vehicles and received U.S. MVR Express records  that indicated plaintiff was an uninsured motorist. ( Id. at ¶ ¶ 22, 24-27, 31) On October 17, 2011, plaintiff received a letter from Transport Drivers notifying him that he was suspended. ( Id. at ¶ 37) The same date, plaintiff informed Transport Drivers that he was insured for the period of August 31, 2011 to September 28, 2011. ( Id. at ¶ 31) Next, plaintiff provided a letter to defendant TDI Nationwide and Affiliated Companies (" TDI" ) dated October 21, 2011, that apparently indicated he was insured. ( Id. at ¶ 34) On October 24, 2011, new (unidentified) charges were issued against plaintiff. ( Id. at 40) Plaintiff alleges that defendants provided him a copy of the company handbook or policy, but failed to provide him a copy of the " work rules," and that his right to due process was violated. ( Id. at ¶ ¶ 39-44) Plaintiff requested his employment records but they were not provided to him. ( Id. at ¶ ¶ 47-48)
The complaint summarizes plaintiff's claims as " discriminatory acts for questionably unlawful acts, conditions of employment, unlawful termination, displace [sic] and defendants' failure to reinstatement [sic] for employment question about management right to take action against me." (D.I. 2, ¶ 9) Plaintiff filed a charge of discrimination against defendant Transport Drivers and received right to sue notices from the State of Delaware Department of Labor on March 29, 2012, and the United States Equal Employment Opportunity Commission on September 14, 2012. (See D.I. 2, 6) Plaintiff seeks recovery of overtime compensation, wait time, ...