Michelle Keahey, East Texas Bureau Sep. 6, 2012, 3:14pm


SHERMAN - A Home Depot worker has filed a lawsuit against his employer that claims he was terminated from his position for filing a worker’s compensation claim.

Gary Scott Fite filed suit against Home Depot USA Inc. on Aug. 24 in the Eastern District of Texas, Sherman Division.

Fite claims he was injured on Oct. 12, 2011, as he was cleaning up in the building materials department.

As Fite was throwing trash into the compactor, his left upper arm popped and he experienced severe pain, the suit states.

According to the suit, the accident was reported and Fite went to a company doctor the following day. At the doctor, he took a drug test and informed them that he had taken two hydrocodone pills the night before due to the severe pain he experienced after the injury. He was provided a list of written restrictions.

In December 2011, Fite was told his drug test had come back positive and he was placed on leave. By Dec. 19, 2011, he was terminated due to the results of the drug test, the suit alleges.

Fite states that since his termination his doctor has recommended surgery to repair the damage to his left arm.

The defendant is accused of discriminating against Fite because he filed a claim with the Texas Industrial Accident Board.

The plaintiff is seeking an award of damages, punitive damages, court costs, interest and attorney’s fees.

Fite is represented by Sherman attorney Ronald R. Huff. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:12-cv-00558

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