CHARLESTON – Lowe's is facing a lawsuit by a former worker over allegations he fired due to his age and for taking medical leave.
David Francis filed a complaint in Kanawha Circuit Court against Lowe's Home Centers LLC alleging violation of The Family Medical Leave Act, age discrimination and disability discrimination.
Francis, who was 64 at time, alleges he was working for Lowe's when he tripped over a pallet in May of 2018 and suffered a broken elbow. After he returned to work from an eight-month medical leave, he alleges he was hospitalized due to low sodium, required intermittent doctor's appointments and also suffered a twisted knee.
Francis claims he was disciplined for missing work during that time and that his supervisor told him he could do things right if he was half his age. He also claims he was replaced by a "substantially younger" employee and that he was terminated because of his disability and his age.
Francis seeks punitive damages, a trial by jury, interest and all other appropriate relief. He is represented by Richard Walters and Carl Shaffer of Shaffer & Shaffer PLLC in Charleston.
The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 19-C-1032