A former employee claims he was unfairly dismissed from his job after a minor workplace incident, while a younger coworker with a more serious disciplinary history was retained by the company. The complaint was filed by Michael Scott Couey in the United States District Court for the Northern District of Georgia on March 9, 2026, naming Penske Logistics LLC as the defendant.
According to the filing, Couey brings this action under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. He alleges that Penske Logistics violated his rights by terminating his employment based on his race and age following an incident at their Norcross, Georgia facility. The suit outlines that Couey is seeking damages and attorney fees for what he describes as discriminatory conduct.
The background section of the complaint states that Couey began working for Penske Logistics in July 2022 as a truck driver assigned to the Bridgestone Firestone account in Norcross. Prior to joining Penske, he had worked on the same account since 2008 with various companies. At the time of his termination, Couey was sixty-five years old and was reportedly earning an annual salary of $118,460.18.
The central incident occurred on December 4, 2024. Couey arrived at work to unload returned tires and found that another employee’s vehicle blocked access to an unloading trailer. After unsuccessfully trying to get his coworker’s attention by honking and tapping on the car window—actions which resulted in no verbal or physical confrontation—Couey completed his tasks by parking elsewhere.
Shortly afterward, Couey’s supervisor informed him that coworker Beautaus “Bo” Tertulien had reported damage to his vehicle window allegedly caused by Couey’s actions. Tertulien also filed a police report alleging criminal trespass and property damage estimated between $400 and $750. Following this complaint, Penske suspended Couey pending investigation.
On December 10, 2024—five days after the incident—Penske terminated Couey’s employment citing “policy violations” and “violation of Penske’s Behavior and Work Ethics Policy.” The decision involved several managers including Chad Whiting (Area Human Resources Manager), Scott Kirsh (Director of Loss Prevention), Brian Peterman (Operations Manager), and approval from Melissa Fegley (Operations Supervisor).
The complaint asserts that Tertulien is an African-American male approximately twenty-one years younger than Couey who has a documented history of more serious workplace misconduct but received lesser disciplinary actions from Penske. Allegations include threats against coworkers, verbal altercations, improper use of company vehicles, unauthorized entry into other drivers’ trucks while off duty, and incomplete mandatory routes.
Couey argues that while he was terminated for what he describes as a minor incident without confrontation or physical harm, Tertulien retained employment despite multiple policy violations: “The disparate treatment between Mr. Scott Couey and Mr. Tertulien is evident in how Defendant handled their respective workplace incidents.” The suit claims this difference constitutes both age discrimination under ADEA and race discrimination under Title VII.
The legal arguments state that Penske’s stated reasons for termination are pretextual: “Defendant’s stated reason for termination—that Mr. Scott Couey violated the company’s Behavior and Work Ethics Policy by damaging Mr. Tertulien’s vehicle—is false and not the real reason for Mr. Scott Couey’s termination.” The complaint further alleges: “Mr. Scott Couey’s termination was causally connected to his race and age…”
As relief, Couey requests back pay from December 10, 2024 through judgment date; front pay or reinstatement; benefits including pension vesting; general damages for emotional distress; punitive damages; attorney fees; interest; declaratory relief establishing violation of statutory rights; injunctive relief prohibiting further discrimination or retaliation; costs; and any other relief deemed appropriate by the court.
The case identifies Constance Cooper of Barrett & Farahany as counsel for Michael Scott Couey. The case is filed under Civil Action No. 1:26-cv-01301-VMC-LRS.
Source: 126cv01301_Michael_Scott_v_Penske_Logistics_Complaint_Northern_District_of_Georiga.pdf
