Court OKs unusual invasion of privacy claim for UPS employee refused bathroom break

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 30, 2023 11:14 AM

Joshua Amin, a United Parcel Service employee in Texas, allegedly wound up defecating in his pants at his package-sorting station because a division manager refused his urgent plea for a bathroom break.On appeal from an order that tossed his complaint against UPS, the 5th U.S. Circuit Court of Appeals predicted the Texas Supreme Court would rule that Amin stated a valid claim for invasion of privacy under Sec. 652B of the Restatement (Second) of Torts.Amin also claimed intentional infliction of emotional distress and …

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