HOUSTON – A Conroe woman alleges that she was terminated from her position as a location manager of a home improvement chain because she needed surgery on her foot.

Michele Borton filed a complaint on July 19 in the Houston Division of the Southern District of Texas against Lowe’s Home Centers LLC alleging that the home improvement stores operator wrongfully interfered with her rights under the Family Medical Leave Act.

According to the complaint, the plaintiff alleges that on June 6, 2017, after she applied for FMLA leave for a surgery, defendant suddenly terminated her employment. The suit states she was employed by the defendant for 20 years and that she was terminated for the pretextual reason that she lacked leadership.

The plaintiff holds Lowe’s Home Centers LLC responsible because the defendant allegedly retaliated against her and terminated her employment just nine days before her scheduled surgery.

The plaintiff requests a trial by jury and seeks actual and liquidated damages, attorney's fees, costs and interest and all other relief to which she may be entitled. She is represented by Mark J. Oberti and Edwin Sullivan of Oberti Sullivan LLP in Houston.

Houston Division of the Southern District of Texas case number 4:17-cv-02209

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