SAN FRANCISCO – A man alleges he was not allowed to return to work at a Home Depot store after taking a medical leave.
David Whitcomb filed a complaint on March 9 in the U.S. District Court for the Northern District of California against The Home Depot Inc. and Does 1-25 alleging violation of the Family Medical Leave Act.
According to the complaint, the plaintiff alleges that he was employed by the defendant from 2004 to July 2015. The plaintiff holds The Home Depot Inc. and Does 1-25 responsible because the defendants allegedly confirmed with the plaintiff that he was eligible for FMLA leave due to his medical condition but terminated his employment because he did not report to work on July 6, 2015, even though he was not cleared to return to work by the defendant.
The plaintiff requests a trial by jury and seeks general damages, special damages, back pay and reinstatement, punitive damages, all legal fees, interest and any other relief as this court deems just. He is represented by Paul B. Justi of Law Offices of Paul B. Justi in Walnut Creek.
U.S. District Court for the Northern District of California Case number 3:17-cv-01246-LB