An Army veteran from Putnam County is suing Home Depot, alleging employment law infringement.
Christopher J. Scalf of Hurricane filed a lawsuit Aug. 20 in Putnam Circuit Court against Home Depot U.S.A. Inc., alleging disability discrimination and breach of contract in 2013.
The suit states Scalf was hired June 14, 2013 by Home Depot for the second time and he noted on his application that he was a disabled veteran, having served in the U.S. Army in Operation Iraqi Freedom in Baghdad.
According to the complaint, Scalf sustained multiple injuries including traumatic brain injury during his deployment, was subsequently diagnosed with post-traumatic stress disorder (PTSD), and consequently suffers from periodic migraines and PTSD episodes. He alleges when he developed a migraine June 16, he was sent home rather than given a reasonable accommodation at work, and was then terminated June 24, on the pretext of his (June 17) absence.
The plaintiff alleges he had unused sick leave at the time of his dismissal, and that Home Depot applied its sick leave policy inconsistently and in a discriminatory manner. Scalf says following his discharge, the defendant failed to pay his wages in full within the next regular pay period as required by labor law.
Scalf seeks compensatory and punitive damages for outstanding wages up to $75,000, pre- and post-judgment interest, attorney fees and costs. He is represented by attorney Mark S. Plants of Plants Law Offices in South Charleston.