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Saturday, September 28, 2024

Man accuses Lowe's of wrongful termination based on disability

State Court
Lowes

CHARLESTON — A man is suing Lowe's Home Centers claiming he was wrongfully terminated based on his disability.

BJ Brammell, Cody Lore and Jason Cartmill were also named as defendants in the suit.

Erik Vanmeter was employed at Lowe's from March 4, 2020, until May 25, 2021, when his employment was terminated, according to a complaint filed in Kanawha Circuit Court.

Vanmeter claims he worked as a merchandise service associate in the Barboursville Lowe's and consistently performed his duties in an above-satisfactory manner when he was healthy.

The plaintiff developed a mental health condition that required treatment with prescription medications, according to the suit. 

Vanmeter claims he would experience severe anxiety attacks at work that would require someone to pick him up from work and on occasion, he was taken to the emergency room for his symptoms, which mimicked a heart condition.

In October 2020, Vanmeter informed his employer of his condition and applied for intermittent leave to accommodate the condition. Lowe's denied the request for intermittent leave and denied the request for short-term disability, according to the suit.

Vanmeter claims he appealed the denial of his short-term disability and the appeal was denied on May 3, 2021. 

The defendant placed Vanmeter back on the work schedule after the denial, but did not inform him he was being put on the schedule, so he did not show up for work and his employment was terminated on May 25, 2021, according to the suit.

Vanmeter claims he was wrongfully terminated and the defendants discriminated against him based on his disability.

The defendants' actions were discriminatory and caused Vanmeter harm, according to the suit.

Vanmeter is seeking compensatory damages. He is represented by Robert P. Lorea of Lorea Law Office in Charleston.

The case is assigned to Circuit Judge Maryclaire Akers.

Kanawha Circuit Court case number: 22-C-261

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