CHARLESTON — A lawsuit initially filed in Kanawha Circuit Court against Lowe's Home Centers has been removed to federal court.
On May 11, Lowe's counsel also served its responses to the plaintiff's counsel, according to court documents.
Michael Juszczak filed the lawsuit against Lowe's in Kanawha Circuit Court before it was removed. He alleged in his lawsuit that while he was employed by Lowe's he had always performed his work in a satisfactory manner.
Juszczak, who had physical impairments that substantially limited his major life activities and he was disabled within the meaning of the West Virginia Human Rights Act, asked to be off work for a heart catheterization procedure in 2019.
The plaintiff had requested leave under the Family Medical Leave Act and for a reasonable accommodation of his disability due the West Virginia Human Rights Act, according to the suit, however, on the day he returned to work, Nov. 18, 2019, his employment was terminated.
Juszczak was informed upon his termination that his employment was being terminated due to too many absences, which included the days he was off pursuant to FMLA and disability leave.
"When making the decision to terminate the Plaintiff's employment, the Defendant was motivated by the Plaintiff's disability, requests for and use of leave ... and/or the Plaintiff's requests for reasonable accommodation," the complaint states.
Juszczak claims he was discriminated against due to his disability and violations of FMLA. He claims he was retaliated against for requesting a reasonable accommodation. He claims it also failed to accommodate him.
He says the defendant's actions were willful and malicious and violated the state's human rights act.
Juszczak is seeking compensatory and punitive damages with pre-judgment interest. He is represented by Paul L. Frampton Jr. of Atkinson & Polak in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:21-cv-00659
