Mortgage Daily

Published On: April 4, 2008
$2.2 Million Judgment Against ChaseNicholas Lore claims illegally fired over medical condition

April 4, 2008

By SAM GARCIA

Chase Manhattan Mortgage Corp. has lost a lawsuit filed by a former employee who claimed he was terminated because of his medical condition.

Nicholas Lore filed the lawsuit against Chase in the U.S. District Court, Northern District of Georgia, Atlanta Division, during 2004.

Lore, who worked at Chase until April 2002, claimed the company was aware when it hired him in February 2001 of a knee he had injured while in the military. He claimed his knee condition was aggravated as a result of his work and, along with symptoms from a prostate disease, kept him from sleeping for more than a few hours each night.

After he requested special accommodations and time off, management agreed to hire another manager to relieve Lore of some responsibility, according to the complaint. But a delay ensued on the hiring process.

Lore then requested vacation or family medical leave.

The next day, Lore’s assistant allegedly called him to say she was sorry he was leaving the company.

“Plaintiff had no intention of leaving his employment at that time,” the complaint stated.

Other executives were reportedly informed that Lore had resigned, he alleged. At a subsequent meeting, managing executives said they were accepting his resignation, even though he explained he wasn’t resigning.

After Lore refused to submit a letter of resignation, he was terminated, according to the lawsuit. He had surgery four months later.

Chase was accused of violating the Family and Medical Leave Act by neglecting to seek information related to Lore’s need for medical treatment and time off and refusing to grant time off for the serious health condition.

“Defendant’s conduct constitutes unlawful retaliation against plaintiff for his attempts to exercise his rights under the FMLA,” the complaint stated. “As a direct and proximate result of defendant’s unlawful retaliation against plaintiff, he has been damaged and is entitled to the relief set forth.”

Lore was seeking back pay, benefits and pre-judgment interest. He also sought compensatory damages and legal costs.

A jury handed Lore a $2,227,241 judgment against Chase on March 20.

NICHOLAS LORE v. CHASE MANHATTAN MORTGAGE CORPORATION
1:04-CV-0204 WBH


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