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Home Depot Class Action Lawsuit Complaint Filed Over Alleged Age Discrimination

Former Home Depot Employees Over 40 File Class Action Lawsuit Complaint Against Home Depot Alleging Age Discrimination In Context Of Discharging Employees.

An age discrimination class action lawsuit has been filed against Home Depot USA, Inc. (“Home Depot” or “Defendant”) in the United States District Court for the District of Kansas styled (Karen Friffin, Shyla Case, Barbara Hindman, Margaret Moore, Vicky Stevens and Mark Panichello v. Home Depot USA, Inc., Class Action Case No. 11-cv-2366 RDR/KGS) alleging, among other things, that Home Depot has engaged in personnel actions based on a pattern of policies and practices designed to disproportionately discharge older employees from employment and that Home Depot’s alleged actions in discriminatorily discharging older employees are in violation of 29 U.S.C. §621, according to the Home Depot age discrimination class action lawsuit complaint.

The Home Depot age discrimination class action lawsuit complaint is reportedly brought pursuant to Fed.R. Civ. P. 23(b)(2) and/or 23(b)(3), on behalf of a putative class of similarly situated former over 40 employees of Home Depot who have been employed by Home Depot on or after September 5, 2005, and discharged thereafter who have allegedly suffered harm as a result of Home Depot’s alleged pattern and practice of age discrimination in the context of discharging employees.

If You Have Thoughts On The Home Depot Age Discrimination Class Action Lawsuit, Share Your Class Action Comments Below.

{ 18 comments… add one }
  • Donna Spencer September 26, 2011, 12:52 pm

    I just was terminated in August and I am 58 years old and my story is a different version of the same things I just read, plus I was a an electrical specialist who made more money than most and every reason they stated for firing me was false and contrary to the reality. The contractors and customers really appreciated my knowledge and help. My head was a great prize. They said they got rid of the specialists position but now their in-store overhead advertising brags about the help customers can get from their “certified” specialist but there is no electrical specialist anymore at my old store. What ensued when they “got rid “of my position was crazy late hours followed by early hours, due to their demand for 5 am to 12am availability and working 6, 7, 8, days straight without a day off without overtime pay because of the way they can split up the work week. Terrible understaffing was exacerbated by taking regular sales associates off the floor to be cashiers during the busiest times heaping all the stress on the customer to get service and on the specialist to provide it in a timely reasonable.
    Their many money saving tactics causes cause customer dissatisfaction.

  • Kimberley Cullen January 12, 2012, 10:47 am

    First off – Donna. Home Depot took advantage of you. You did not work within their design of corporate restructuring so they let you go. I am so sorry.
    I believe since Home Depot has created a third party to initiate and resolve employment issues – they have paved an avenue to relieve themselves from lawsuits, unfairly and with the full intent to deceive. HD is just another number in the long list of corporate entities that will do whatever it takes to make their shareholder’s happy. It’s not about law or ethics or people – it’s about money. Here’s my experience, not enough to entice a law firm to do anything about because at this time I am just one voice – however I am certain that there are many, many more.
    Part of the problem is due to their bonus programs. Which of course is common in many large corporate entities. Perhaps the higher levels of management truly do not even know what’s going on in each house illegally, because the third party contact does not go that high. I’ll assume in my situation, it was addresses at district level and it stopped there.
    My story: I needed work since I was having difficulty receiving an “entire” paycheck from my current full-time employer. I applied for a seasonal position on the freight team. I am a 50 year old woman and proved to be fully capable of handling the position. The season ended, they asked my to stay. For any of you who work/worked for Home Depot – my department was Garden; which is an extremely physical job. (sales or freight)
    The following year a new seasonal crew was hired. The Garden department in Michigan, by all means, is the money maker for the store (bonus!); very busy and generates alot of revenue. In being the most needy department for additional help – I was given the responsibility of 7 out of 9 of their new hires, all men. Allegedly training them to help (me). Excellent! I’m will train them right and get help, a win-win. Well unfortunately as I trained them they were gifted to other departments. Clearly, I had just become the unappreciated designated trainer. Did I mention that I was they new guy and the only woman on the team?
    Anyway…most decent men would assume that the woman that was training them for “exact same work” and hourly position was paid comparably. Why wouldn’t they, Home Depot is an EEOC. So, that being said – it was not long before I became aware that the men I was training were being paid a higher rate. Ok, understandably I was not happy. But thinking maybe it was an oversight – so I addressed it first with my department head. His response verbatim: “Home Depot does not have to pay you the same as the men. It’s not a crime and no one will go to jail. They have a plethora of attorneys to handle these situations.” Hmmm. He was correct in saying Home Depot doesn’t “have” to pay me a fair and equal wage, because they still do not. He was correct in stating no one will go to jail. But is it illegal, yes as far as I know, if you makes claims to be an Equal Opportunity Employer. Assuming the federal laws apply to HD. In addition he is also correct in his statement that they have a plethora of attorneys to protect their shareholder’s dollars. True statement. Anyway…not being satisfied with his response I took it to the GM.
    Not much to say about our discussion other than he would address it with “his team” and get back with me. That never happened. The situation was never further addressed with me. However; what did happen was a position opened up on their newly restructured BIA team. According to the Ops manager it was the perfect position for me – it didn’t involve all of the physical work and my background in accounting would be helpful. And equally as perfect…. the starting rate for the BIA’s is less than the freight team. The issue for them was now resolved.
    Just a few more things I’d like to add. I worked for a company that was purchased by Ford Motor. So I have real life experience with how a situation like this is handled correctly.
    In closing; it is not my intent to promote negative comments about Home Depot. Actually, I believe that they have put a great deal into their training and processes. And in most stores it’s probably a really great place to work. They do offer a lot more than the average corporation. But when levels of management undermined the good things to hide their errors and continue to get away with it because of the third party process…there is something seriously wrong. Maybe they should focus on the laws and who is breaking them, toss out those bad apples and save some money on salaries that will eventually cost them money down the road when another class action suit is presented to them.

  • sherry harris February 7, 2012, 4:01 am

    It is about time someone takes on this once great company for their abusive practices against their older workers. I also worked for Home Depot for a little over nine years, all the while leading my district in sales and receiving many merit badges for excellent customer service, great performance reviews, etc. However, when I turned 50, while working under a new manager (my 5th) things changed for the worse. I was not fired, I resigned, when it became apparent that I had been “marked” for termination, either by working me 8-10 days consecutively (nothing new) but while giving me as little as 5 hours off between scheduled shifts. They forged company documents in order to remove me from a position I had held for over a year, saying it was a “new corporate policy”. I kept all of my records and data, after I resigned, I filed a complaint with the EEOC, to no avail, I suppose because I resigned rather than wait for them to continually increase the pressure on me to the point where I would give them an offense to fire me. Long suspected it was because Home Depot is one of Atlanta’s largest employers. Feel free to contact me if another class action suit comes up that I would be able to join. So sad to see this once great company become a bigger bed of good old boys and nepotism than it was when I first went to work for them.

  • Al LaHaie March 27, 2012, 9:01 pm

    Al LaHaie – March 27, 2012.
    To all of you commenting here and to the original six individuals who have brought forth this Class Action Law Suite – I salute you all.
    I was employed at the Corporate Office of Home Depot in Atlanta (Vinings), Georgia from October 1989 to July 2011 – a total of 21 years and 9 months. For the first 18 years I was in the Finance Department (Accounts Payable Division) until roughly 1,200 of the 1,400 finance positions were Outsourced to India in the fall of 2007. I was fortunate to secure a position in Merchandising as a MA (Merchandise Assistant), and from November 2007 until April 2010 had managers roughly my age. All of my performance evaluations from starting in 1989 through April 2010 were either rated as “Meet Expectations” or “Exceeds Expectations”. Also during this time period received over 120 “Employee of the Month” awards and about 12 “Caught Orange Handed” badges (rewards). And once received a “Shout Out” from the Chairmen, CEO, and President of HD for my “Dedication and Outstanding Performance” during a 10 Day Weather Event in 2009 working 10-12 hour days including the weekend.
    On April 1, 2010 my previous Merchant (manger) was promoted and his replacement as Merchant was a 30 year old male. Everything he requested was a “do it now demand” and if not done on his time constraints I was written up without any consideration of the various conflicts making it impossible to complete the task as demanded. When he tried to move me out from my (MA) position to a lesser position in a non-merchandise department without clearing his actions with HR – I went to HR for their assistance. Outcome – HR basically slapped him on his hands and then instructed him on how to get rid of me following their guidelines. On July 26, 2011 I was terminated for poor performance at the age of 65.
    This to me this is clearly an Age Discrimination discharge – without merit.

    • Linda Halloran May 9, 2015, 9:31 am

      My husband has worked for HD for 16 3/4 years. He is a Designer with awards and badges.
      He has had glowing reviews etc. This past 2 years his hours have been unbelievably eratic.
      He drives one hour to work and has begged them not to give him an 11 to 8 then a 8 to 5 or 9 to 6 the next day…on DEAF EARS. This year also for the first tie he was given 2 disciplinary warnings.. for crazy stuff. One in particular poor customer service.. his customers were appalled… he is by far the most customer oriented and charming sales person you could meet. Then just this week they gave him another warning… too slow and he hasn’t made his quota $18,000.00 per week in sales. He is told to walk the floor and find people to seel a KITCHEN to… The other day he had a customer who was buying and a new rule… Designer puts through the sale on their own computer… o.k so he follows rules to the T… he went into his computer and it froze on him. So he apologized to customer and with customer went to the service desk and there were 4 Department and Assistant Managers gabbing… he told them his problem… the lead Manager said… “go find another computer”… the customer couldn’t believe how rude he was treated. My husband is 67.
      Not only does HD Corporate preach squeezing out older Associates BUT the management is a joke… they are young people who have absolutely no people skills are in that position because they took a 5 week course. OH one day a department manager thanks my husband for his brand new Ford 350… because of the bonus he got for the good sales of the Design team my husband and another long termer a woman. So that woman heard after my husbands last warning… that 2 people are being trained for their Design Department. OH when my husband was given this warning… he asked if he could please be transferred to another department? NO… By the way my husband was a house builder and we have been told the designs he does at HD are the best… that his measuring skills are EXCELLENT and the installers know when it is a design by him they have no problems. So we see the writing on the wall… and my husband has dignity and instead of being walked out and embarrassed he has handed in his resignation being forced to retire.

  • Sara Breedlove August 27, 2012, 12:18 pm

    I’ve been with THD for one and a half years as a permanent part time employee waiting for a full time position to open up. I have been passed over six different times by THD taking the temporary employee and making them full time, while I filled out applications for full time and waited. I transferred from the front end cashier position to a sales associate position in the store. Still I am passed over. Oh did I mention that I am over 55 and obese, but I can climb those ladders, down stock, and front face the product, and assist the customer as well.

  • Scott Gale September 18, 2012, 4:05 pm

    I am not a participant in the class action suit, but I do have a discrimination complaint filed in the county of Fairfax, VA against the Springfield, VA Home Depot, Store 4617. I worked for THD for over 17 1/2 years and was as loyal and “orange blooded” as they come. Most of that time, I was a part-timer. I completed their older Master PK program, and requalified when they changed it. I was a certified kitchen designer before I became a certified millwork specialist. I had a very long list of customers who would only do business with me. I received more customer service merit badges and Homer badges than I can count. In May 2011, I was furloughed from my career job. Luckily, I had my job with THD to fall back on. My Store Manager at the time kindly allowed me to work as close to a 40 hour work week as he could while I waited for a full-time position to open. I noticed things began to change with THD abruptly long about January 2012. I began to hear horror stories about long-tenured employees being suddenly fired. However, I really believed I was too valuable to fall victim to that sort of thing. How wrong I was! They fired the SM just before my status changed to full-time. I can’t prove it, but it is commonly believed that the former SM was fired because he refused to do corporate’s bidding by cleaning out all of his long-term (higher paid) associates. They brought in a new SM who had incidentally been the SM at that store earlier in this decade. One of the first things he did was to do precisely what I just said – – fire all of his older associates, most of whom had been working for THD for over 12 years. I was included in that group. They systematically trumped up justification for termination, based on exaggerated customer complaints. Around a month before my termination, I had applied to and was interviewed for two of three Department Supervisor positions and one COS (Expiditer) position. I was offered none of them. The Millwork DS posistion was filled by the girl in that position in the store that the new SM had come from. She is 24 years old, and had worked for THD for approximately nine months at the time. The Lumber DS position was filled by a 32 year old Hispanic man who had never worked for THD. (I worked in Lumber for 7 years before transferring to Kitchen Design.) The COS position was denied me because they said it would constitute a ceiling on my earning potential. That’s really rich, considering they actually want to cut payroll as much as they can get away with. That job was given to a 45 year old African American woman. If this kind of thing is happening in one store, I guarantee it is happening all across the 2000 plus THD stores in the company. At any rate, I got screwed and almost lost my home because of this. Although the competitor essentially hired me immediately, and pays me significanly more than the “Orange Box” did, I am going after THD to hold them accountable for their grossly unjust and illegal employment activities. Good luck to all on the Class Action suit. Be strong.

  • Scott Gale September 18, 2012, 4:09 pm

    Incidentally, I forgot to mention in my post that I am 57 years old.

  • Carolyn Burton October 8, 2012, 12:33 am

    Ditto ! My story is a composite of those that I’ve just read. I would love to participate in a class action lawsuit against the Home Depot. It used to be such a fun place to work but no more–those days are gone. I would love to join a class action lawsuit, the thought of being able to give back a little of the grief that I got is just too enticing. It won’t mean much to them though. They’re too big, and they’re doing exactly what they intended to do–reset the wage scale much lower. I was terminated July/2011 for failing to use the new filing system properly and failing to meet production goals that no one had been able to make in some time. I was 59, had worked for the Depot 5 years, made $16.50/hour and that is simply more than they wanted to pay. My replacement is a college boy-he’s making $11./hour.

    • Alberto De La Pena October 19, 2012, 1:17 pm

      323 630 1021 is my phone number and if you want to join to me in a lawsuit against Home Depot just call me

    • Kelly Honeycutt December 9, 2012, 6:59 pm

      I have just read all of these comments and even though I am not a part of this action, I may be sooner than I would like. Most, if not all of these things are going on in my store and district, also. I am in the Dallas/Fort Worth area and 6 months ago my manager offered my job to 2 other people in the store. He’s not the brightest crayon in the box and he did this on the floor in front of bystanders. One of those bystanders is a friend of mine and I got a call. When I confronted the people asked to take my position, it was denied, however, that manager came to work early the next morning to “assure” me that didn’t happen. This is a manager that I can count on 1 hand how many times in the last 10 years he has been early to work. However, now he has started to slowly but surely document every little thing I don’t do that he wants me to do, rather he tells me or not. He likes to tell other people and then say he told me.
      I just finished calling the ‘aware line’, and as vindictive as this manager is, I feel sure it’s just a matter of time before he has enough legal and/or illegal documentation to get rid of me. I totally agree with the person a couple paragraphs up about it being about money. The last time he reviewed me, he commented that I made more than any other department head in the store. I stopped and looked at him and said, “And well I should be. I have been here longer than any other department head.”
      I have been with HD for 21 years 10 months. I am 60 years old and female. You may be hearing from me again. Thanks for listening.

  • Sharon Jepson May 20, 2013, 12:50 pm

    I am 65 years old. I was recent;y hired by Home Depot in Pittsburg, Kansas. I am an extremely hard worker and work the work of three people. I never quit working. Recently Home Depot terminated my employment over their reason was :they were terminating me for nbot being “happy”???? Now over 18 months I lost my mother, daddy and three children. I was very happy working anywhere just to get my mind off sorrow. However, Home Depot could give no other reason because I worked the work of three people and I never steal so they could find no other reason except the above. I never knew someone could be fired over not being happy? I was doing work and lifting things that men should have been doing and lifting 75 pound bags but I never complained but only worked. I still have no idea of why they let me go except the only reason was/or could have been my age. The Home Depot reason was “we are ending our relationship with you because you are not happy.” This was their words. I was then “escorted” to the front door off the premises” I was so embarrassed!!

    Now I have a termination on my record of which I have never been terminated from any job in my entire life of 66 years and I cannot give Home Depot as a reference to another job so they “screwed” me. These people should be sued. Employees there are afraid to speak due to losing their job. Home Depot “blasts anyone and threatens the employees upon hiring they will lose their jobs if they speak to any union representative!!! These people are Federal Government contractors? I am sorry b ut I have worked for the federal government for many years and have worked with many federal government contractors and no contractor I have worked with treats any of their employees as badly as Home Depot.

    These people should be shut down and pout out of business and every lawsuit possibly filed against them the way they treat employees. What they are doing is age discrimination and sex discrimination against females. This place is run by a bunch of men who know nor care about women’s problems or issues. They are a disgrace to by in business in the United States. What a terrible bunch of people. What they did to me is an good example. I was called into a room with no chance to have a witness for me with a “floor manager” and a security person and was told I am being terminated. Now if they do lie I have no one on my side to prove what they said to me. T\

    They are breaking every law there is top break. They should be turned into every federal agency possible and a union representative should be brought in to help these employees. What they are doing is a illegal and immoral travesty of justice!!!

    • James Potter April 4, 2014, 11:47 am

      I was discharge after 8 1/2 years due to gae. I was a Salaried Manager who just 7 weeks before won awards in all categories for sales, customer sevice and profitability out of 92 stores, i get a new Store manager who had been turned down 5 times for that position and he is calling me Grandpa, and keeping information from me necessary for doing my job, but i did it anyway and was successful. He was rude and very much agaianst older salaried managers. I was terminated just 4 weeks prior to getting my bonus 10k, my stock 4k and my raise. I had been given 2 Executive Awards, One Vice Presidential award, and The Legend award all for being a great manager. The asscoiates even could not believe it ! My wife is 100% disabled so no we have No insurance, and

  • Brad Harris July 25, 2013, 6:58 pm

    I hear you all!!! I was just terminated after 22+ years, the last 17 as an ASM ( out of choice) and am in the process of finding an attorney here in Wa. I did a void on a known return fruad, as any of you that have worked on the front end know this happens all the time. I also found out at my term, that store LP’s cannot advise a MOD or FES to do so. Only a SM, DLPM or DOM can make the call. I have been doing them at the request of the AP “boys” since we quit giving back $$ for everything. I don’t know about any of you but in all my years the “secret loss prevention club” has never come into our store and filled us in on all of the Co. Asset Protection Policys. Oh by the way, in my Term paperwork it says” All associates are responsible to know and follow all of the Company Asset protection policys” How in the heck are we expected to follow what we don’t know? And when a member of loss prevention askes us to do something isn’t it natural to presume that you are following AP? If you Know a good labor law attorney in Wa. put it on this site.

  • Michael Mcgrath December 21, 2013, 12:02 pm

    I am looking for legal conceal to help me in recently case filed on November 4, 2013, in the Superior Court of California, County of San Diego, case number 37-2013- 00078268-CU-BT-CTL. The name of the case is McGrath Vs. Home Depot USA, Inc. The complaint was for permanent injunction and restitution relief and was brought as a representative action in the name of the People of the State of California, Under UCL 17200 and other causes of action. I am presently soliciting law firms capable of bringing this lawsuit forward. I am the plaintiff that filed this action in pro per, that was injured in fact, and suffered economic losses. I can be reached at 619-921-9232 and my e-mail is mikem.sdi@cox.net .Thank you. Michael McGrath in pro per.

  • Miss P August 8, 2014, 10:53 pm

    2-13. After 13 years of service I was fired. Yes in had been late and was late on the day in question due to a fender bender blocking the only route to the store. For the 3 yeara before that sue to losing my son installed around me the store in a state of depression and pain where the only comments made were I was going crazy. Alot of people knew I was in an abusive relationship because you could see it but never once did any of mu upper management staff follow the important piece of the wheel: taking care of our people. New management comes in to say they have to clean house. They get rid of their most competent employees and hire more in at minimum wage. I did the work of 6 other associates on a weekly basis and was dismissed. We couldn’t keep a designer new one every 6-8 months but they would not move me back to the department, a qualified designer who also went back to school and acquired a degree to ensure that I was most qualified….not once was I moved or promoted. A year later I work as a manager making nearly 3 dollars less than I did there. In the verge of eviction and 4301k in the hole from the student loans on a degree they never let mw utilize. Still mentally and financially hurt from the whole experience. They are selfish and self serving as long as you are on board. Coincidentally I was let go 1 month before my anniversary. Changing of how things are done and not letting everyone be on board. apparently it happens at many stores. Several after me that were fired all had more than 7 years in.

    • Miss P August 8, 2014, 10:59 pm

      Sorry for the typos. I get heated. And now even with all of the other branches of the company Im label ineligible for rehire so that bars me from any of the sub companies and or centers. Due to the rut was put in Im carless, almost homeless and evenTFUL.

  • Glenda April 2, 2015, 10:10 pm

    I don’t have a class action lawsuit against Home Depot, but I think there might be one in the making. I bought a glass bowl for my vanity and it EXPLODED! Yes, that’s right, exploded into a thousand pieces just five minutes after I left the bathroom. Glass was everywhere. I could have been, blinded, seriously injured, even killed. Home Depot’s response after they failed to contact me as promised and I spent two hours trying to find someone to listen to my complaint was, “talk to the manufacturer, we are not responsible.” While on hold they bragged about the quality of the products they sell, but when it came down to it they were not responsible. Unfortunately this is tragedy waiting to happen because they continue to sell the glass bowls. How do I stop them?

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