Lowe’s Class Action Alleges Failure to Pay Severance

A class action lawsuit has been filed against Lowe’s Home Centers by former employees who claim that the home improvement company failed to pay them severance despite signing a separation offer which says that they would be paid.

Plaintiffs Cody Blair and Lisa Branch say that Lowe’s has not paid the amounts that the parties agreed to in their Notice of Separation and Offer of Special Separation Benefit for Certain Employees of Lowes.

Blair says she worked as a Loss Prevention Manager for Lowe’s since 2011 and was notified in February 2019 that her position would be eliminated effective Feb. 16, 2019. She claims that she was offered and signed a Release and Separation Agreement.

She states that she was then sent a letter, back-dated to Feb. 15, 2019, which noted that the severance calculation may not be correct.

As for Branch, she reportedly worked for Lowe’s from May 2007 until Feb. 1, 2019 and held many positions in the company, including Loss Prevention Manager. Branch was also given and she signed a Release and Separation Agreement, which provided her with $14,104.80 in severance.

Branch claims that, despite her acceptance of the severance, she was mailed a back-dated letter which stated that the Release and Separation Agreement contained an error and that the severance amount should be $9,403.20.

After complaining to the company, Lowe’s allegedly refused to honor the original separation agreement, claiming that the agreement had not been countersigned and was not effective.

The Lowe’s class action lawsuit claims that the company has only paid reduced amounts and has even post-dated letters which gave the appearance that they were sent previously.

The plaintiffs say that, in January 2019, Lowe’s told its Loss Prevention Managers that there would be an “Organizational Change” in the company, which actually meant that there would be layoffs of thousands of employees who served in the Loss Prevention Department.

Those employees that were terminated were offered a Release and Separation Agreement, which stated that an identified amount of money would be paid as severance.

“Despite the fact that employees accepted the Release and Separation Agreements by signing and returning the agreements and otherwise performing as required, Lowe’s decided to breach the contracts by refusing to pay the amounts specified in the signed contracts,” the Lowe’s class action lawsuit alleges.

In addition, the plaintiffs argue that Lowe’s sent back-dated letters to them which stated that the severance amounts in the separation agreements may not be correct.

The plaintiffs claim that they demanded Lowe’s to pay the agreed amount, based on the Release and Separation Agreement.

The former Lowe’s employees have filed suit under breach of contract.

Proposed Class Members include: “All persons in the United States who: (1) were employed by Lowe’s as Loss Prevention Managers, (2) were terminated from their positions in 2019, (3) were sent ‘Release and Separation Agreements’ which specified sums of money that would be paid as severance, and (4) who signed the Release and Separation Agreements and returned them to Lowe’s but who (5) did not receive the specified sums set forth in the Agreements due to what Lowe’s has claimed was an ‘error.'” 

Did you worked for Lowe’s and was laid off? Leave a message in the comments section below.

The plaintiffs are represented by Steven L. Woodrow, Patrick H. Peluso, and Taylor T. Smith of Woodrow & Peluso LLC and Laura S. Tuel of The Advocate Edge LLC.

The Lowe’s Severance Class Action Lawsuit is Blair, et al. v. Lowe’s Home Centers LLC, Case No. 1:19-cv-03209, in the U.S. District Court for the District of Colorado. 

Read More Lawsuit & Settlement News:

Lowe’s Class Action Says ‘Store Closing’ Sale is Misleading

Man Sues Lowe’s for Not Posting Dangers of Glyphosate Exposure from Roundup

Lowe’s Class Action Lawsuit Claims Store Sells Toxic Flooring

Lowe’s Former Managers File Lawsuit Questioning Who is Entitled to Overtime Pay