John Cleary Human Resource Manager Named in Whistleblower Lawsuit LA # BC449893

[PacCentral Stores Unioniz]

Michael L. Justice, Esq.
Law Office of Michael L. Justice
2 5707 Corsa Avenue, Second Floor
Westlake Village, California 91362
818-991-4100; 818-991-4141 Fax
State Bar No. 146882
Attorney for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
THOMAS STILES, an individual, CASE NO:
Plaintiff,
COMPLAINT FOR DAMAGES
Retaliation
THE HOME DEPOT, a corporation,
HOME DEPOT, U.S.A, INC., a Wrongful Termination in Violation of
Public Policy
Corporation, ANDY FELT, an
individual, and DOES 1 through 100,
Inclusive.
DEMAND FOR JURY TRIAL
Defendants.

Plaintiff Thomas Stiles hereby alleges and complains as follows:
PRELIMINARY ALLEGATIONS
At all relevant times, Plaintiff Thomas Stiles ("Stiles") was an individual residing
within the County of Los Angeles, State of California
At all relevant times, defendant The Home Depot (hereinafter
was a corporation doing business within the State of California, 0~-'"::C:OO
offices located in the City of San Fernando, County of Los Angeles, State of
At all relevant times, defendant Home Depot U.S.A., Inc.,(hereinafter Hom,5 'i:!epot
COMPLAINT FOR DAMAGES
USA), is and was a corporation doing business within the State of California, having
one of its offices located in the City of San Fernando, County of Los Angeles, State of
California.
At all relevant times, defendant Andy Felt (hereinafter Felt), is and was an individual
residing in the County of Los Angeles, State of California, and was at all relevant
times, Stiles's immediate supervisor.
Plaintiff is unaware of the true names and precise capacities of defendants sued herein
as DOES I through 100, Inclusive. Plaintiff will seek leave of this court to amend this
complaint to reflect the true names and capacities of said defendants, when same
becomes known to plaintiff.
At all relevant times, defendants, including DOE Defendants I through 100, were the
agents, servants, or employees of each of the other defendants, and at all times were
acting within the course and scope of said agency, service or employment.
At all relevant times, each of the defendants, including DOE Defendants I through
I 00, acted with the knowledge, consent, and/or ratification of each of the remaining
defendants.
Stiles began his employment with Home Depot on or around February 22, 1994 and
worked there for more than 15 years until he was wrongfully terminated on October
15, 2009.
Stiles was eventually promoted to Assistant Store Manager and held that position until
the time of his termination. During his employment with Home Depot Stiles's work
history and job performance were exemplary, and he received regular pay increases
and promotions.
In or around August 2009, Stiles was approached by co-workers who informed him
that their store manager was engaged in an illegal scheme by which Home Depot
defrauded its creditors by unlawfully inflating charges-backs, otherwise known as the
Return to Vendor policy.
Stiles approached his store manager about the illegal processing of Return to Vendor
COMPLAINT FOR DAMAGES
credits, but the store manager did not investigate this allegation, and took no action to
stop this illegal practice. As such, Stiles then approached Human Resources Manager,
John Cleary.
Stiles explained the details of the practice by which Home Depot illegally made
fraudulent charge backs to its vendors. During the conversation, Stiles expressed an
intention to notify Home Depot's vendors of Home Depot's dishonest practice.
As a direct result of Stiles having exposed this practice and bringing it to the forefront
of Home Depot management, Stiles was terminated on October 15, 2009. More
specifically, Home Depot falsely accused Stiles of engaging in this illegal practice of
defrauding Home Depot's vendors, and used that false accusation as a pretext to
terminate Stiles's employment. Home Depot has given Stiles inconsistent and false reasons for his termination.

[PacCentral Stores Unioniz]

Stiles filed complaints of discrimination with the California Department of Fair
Employment and Housing ("DFEH") against the defendants named herein. The
DFEH case has been closed, and the Plaintiff has received a right to sue letter on
January 26, 2010.
FIRST CAUSE OF ACTION AGAINST HOME DEPOT
FOR RETALIATION
Plaintiff refers to paragraphs 1 through 15 of the above allegations and hereby
incorporates said paragraphs by reference herein as though set forth in full.
Stiles engaged in a protected activity by (I) approaching the Human Resources
Manager to report this illegal scheme, and (2) threatening to notify Home Depot's
vendors and the relevant authorities unless Home Depot took some action to stop this
illegal practice.
Defendants terminated Stiles's employment in retaliation for his exposing Home
Depot's practice of illegally charging Home Depot's vendors under its Return to
Vendor policy.
The retaliation against the Plaintiff for blowing the whistle on Home Depot's illegal
policy violated the provisions of Labor Code §1102.5, as well as other codified
requirements and prohibitions, all of which constitute fundamental public policies of
the State of California declaring it to be illegal to retaliate against an employee for
engaging or attempting to engage in a protected activity.
As a result of defendants' retaliation against Stiles, Stiles has suffered financial loss
and severe emotional distress and physical distress. Defendants are guilty of
oppression, fraud, and malice, justifying an award of punitive damages.
SECOND CAUSE OF ACTION FOR
WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY
Plaintiff refers to paragraphs 1 through 20 of the preliminary allegations and hereby
incorporates said paragraphs by reference herein as though set forth in full.
Stiles was wrongfully terminated by Home Depot on October 15, 2009 for exposing
the widespread illegal practice of defrauding Home Depot's vendors under the Return
to Vendor policy, and for threatening to expose Home Depot's practice to the relevant
authorities and vendors unless Home Depot took action to abate this practice.
The conduct of defendants, and each of them, violated the provisions of Labor Code
§ 1102.5 and other codified sections, which are fundamental public policies of the
State of California.
As a direct and legal result of the conduct of defendants, and each of them, Plaintiff
has sustained general and special damages, including emotional distress and pain and
suffering, all in an amount according to proof at the time of trial.
As a further direct and legal result of the conduct of the defendants, and each of them,
Plaintiff has incurred a loss of income, and earning capacity, general damages,
emotional upset and anxiety, all in sums according to proof at the time of trial.
As a further direct and legal result of the conduct of defendants, and each of them,
Plaintiff has been forced to employ the legal services of the Law Offices of Michael
L. Justice to prosecute this action and to protect Plaintiffs rights. Pursuant to
California Government Code Section 12965(b) Plaintiff is entitled to costs and
reasonable attorney's fees.
The acts of defendants were intentional acts undertaken with the intent to harass,
annoy, vex and oppress, and deprive Plaintiff of his important rights concerning his
employment The actions of defendants were performed with a conscious disregard of
Plaintiffs rights. In committing the acts set forth herein above, this defendant has
been guilty of fraud, oppression, and malice toward Plaintiff. Defendant Home Depot
ratified the actions of its employees by authorizing the termination and/or abhorrent
working conditions of the Plaintiff and by failing to take any measures to correct the
retaliatory type work atmosphere at Home Depot, and permitting the illegal treatment
of Plaintiff.

[PacCentral Stores Unioniz]

The amount of punitive and exemplary damages are not yet known to
plaintiff, but will be proven at trial
WHEREFORE, Plaintiff PRAYS JUDGMENT against defendants and each of them
as follows:
FOR THE FIRST CAUSE OF ACTION
For general and special damages, including emotional distress damages, in
amounts to be proven at trial;
For loss of income and earning capacity in amounts to be proven at trial;
For reasonable attorney's fees, as provided by statute;
For punitive and exemplary damages in amounts to be proven at trial
FOR THE SECOND CAUSE OF ACTION
For general and special damages, including emotional distress damages, in
amounts to be proven at trial;
For loss of income and earning capacity in amounts to be proven at trial;
For punitive and exemplary damages in amounts to be proven at triaL
ON ALL CAUSES OF ACTION
For costs of suit incurred herein;
For prejudgment interest;
For such other and further relief as the court may deem just and proper.
Dated: November 17, 2010
DEMAND FOR JURY TRIAL
MICHAEL L. JUSTICE
Plaintiff Thomas Stiles hereby demands a jury trial.

[6611 Union]

John Cleary Home Depot Human Resources Manager continues to be a piece of garage.

John Cleary Home Depot Associate Relations Manager continues to be a piece of garage.

Full text of the document is here:

http://pdfcast.org/pdf/john-cleary-home-depot...

[not orange blooded]

let's hope that this case gets put out in the open for all to see--especially the shareholders. i wish mr stiles the best, but this is HELL DEPOT and their pockets are deep. i filed an EEOC complaint when i was terminated because of an "alledged" customer complaint and referenced a VOC comment about a black associate who was NOT fired. BUt for some reason, my complaint didnt hold up. Good luck to mr stiles.

[Associates Support Stiles]

PENAL CODE
SECTION 182-185

182.(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to
procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means
which are in themselves criminal, or to obtain money or property by
false pretenses or by false promises with fraudulent intent not to
perform those promises.
(5) To commit any act injurious to the public health, to public
morals, or to pervert or obstruct justice, or the due administration
of the laws.
(6) To commit any crime against the person of the President or
Vice President of the United States, the Governor of any state or
territory, any United States justice or judge, or the secretary of
any of the executive departments of the United States.
They are punishable as follows:
When they conspire to commit any crime against the person of any
official specified in paragraph (6), they are guilty of a felony and
are punishable by imprisonment in the state prison for five, seven,
or nine years.
When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which
have different punishments and the commission of those felonies
constitute but one offense of conspiracy, the penalty shall be that
prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they
shall be punishable by imprisonment in the state prison, or by
imprisonment in the county jail for not more than one year, or by a
fine not exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.
When they conspire to do any of the other acts described in this
section, they shall be punishable by imprisonment in the county jail
for not more than one year, or in the state prison, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine. When they receive a felony conviction for
conspiring to commit identity theft, as defined in Section 530.5, the
court may impose a fine of up to twenty-five thousand dollars
($25,000).
All cases of conspiracy may be prosecuted and tried in the
superior court of any county in which any overt act tending to effect
the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence. 182.5. Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision (f) of Section 186.22, with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity, as defined in subdivision (e) of Section 186.22, and who
willfully promotes, furthers, assists, or benefits from any felonious
criminal conduct by members of that gang is guilty of conspiracy to
commit that felony and may be punished as specified in subdivision
(a) of Section 182.

[PASA]

Wow this is something else. Everyone knows about this. I am not sure how it got to all the stores but it is everywhere. This wacko John Cleary has a reputation for this kind of thing. Lots of made up investigations. I agree this looks like a criminal act because Tom was reporting a crime. I think if anyone has any information about who conspired against him on this contact the district attorney's office. This has to stop. http://da.co.la.ca.us/feedback.htm

[Dumbfounded]

We have been here before, with very different results. Check this article out....

http://www.nypost.com/p/news/business/item_ny...

[Insider]

This incompetent lunatic has a track record of these bogus "investigations". This is only one of a number of lawsuits filed that he has been involved in. Look at the number of times he has been mentioned specifically on these boards. Just another case of the great lie at Home Depot about doing the right thing. For Home Depot doing the right thing would be like Ernon or Madoff in their eyes. To the bozos that run the regions, divisions and company as long as it makes them money then THAT is doing the right thing. Everything else is BS. We have heard first hand endlessly by the so called "leaders" of home depot "screw them...let them sue us...its not my money". These new lawsuit will expose pond scum like John Cleary Home Depot Human Resource Manager for exactly the lowlife worthless lying garbage they are.

[Joe C]

We have been getting lots of visits and calls about John Cleary. We got calls from lawyers and I told them John was a lying piece of sh1t. They were very interested in the story about Tom. I told them I know 20 people that can vouch for the lies that John Cleary told. They are speaking to all of them. They asked can we trust Home Depot and I told them never. You see what they do when you do the right thing. Company full of low lifes. Can't wait to read the news. Tom good luck buddy.

[United HD Hourly]

Yes!!!! Its about freaking time this fawwkin loser Human Resource Manager John Cleary is dealt with. How many people have to be fired?!?!?!?! How many people have to be set up!?!?!?! How many lies can this short slimy piece of a$$ turd tell to get people termed!?!?!?! I don't know what motivates this demented psycho but he is out of control. Yes call the DA's office. Yes get a lawyer and sue this dumb a$$ company. Yes call the aware line!!!!!! Anyone that knows anyone termed by this a$$ monkey should get a lawyer. ITS ABOUT TIME!!!!! Tom kick their freakin a$$!!!

[Kelly]

This freako must be humpin Audiss and Joe in thier faces. The only way any of this makes any sense. How this nut job is getting away with any of this is beyond me. John Cleary should have been fired years ago. The number of people bamboozled is very sad. It has to be dozens and dozens. Crap company does not care one little bit. We all got the info about this and I for one hope they sue this worthless piece of crap company for a billion dollars. When Tom Stiles lawsuit begins they will see all the criminal activity in Pac Central. The lies, the phony investigations, the retaliation, the hookups. It will all come out. I can not wait.

[SSC Spy]

John Cleary Regional Associate Relations Manager has created way way way too many bad situations with his "investigations". His antics have created a giant catastrophe. Don't expect this guy to be around much longer. Very very hot on this subject right now. Like sizzling. Every day its getting deeper. These lawsuits have gotten a lot of folks attention. Lawyers are trying to clean the mess but it is very very messy. Word for folks working on this, follow the paper trail. There are notes about these that will expose all of this. Big time.

[SSC Spy]

John Cleary Regional Associate Relations Manager has created way way way too many bad situations with his "investigations". His antics have created a giant catastrophe. Don't expect this guy to be around much longer. Very very hot on this subject right now. Like sizzling. Every day its getting deeper. These lawsuits have gotten a lot of folks attention. Lawyers are trying to clean the mess but it is very very messy. Word for folks working on this, follow the paper trail. There are notes about these that will expose all of this. Big time.

[6616 Union]

These folks like John Cleary and this loser District Manager all need a union to deal with their lies. Try that then. What happened to this ASM happened to dozens and dozens of people, from hourly up. I hope they all come forward. These stores have been run into the toilet by pathetic managers like John Cleary. Vote union today!!!!!!!!!!

[HR Pro]

This meat suit has the worst reputation there ever was. The freaking press release has 15,000 views(green upper left corner of the page).

http://www.free-press-release.com/news-home-d...

How on earth this gets this far is beyond me. You folks in Cali are a mess.

[Allan]

You guys should get everyone together and sign a petition against this HR. You need to work together on this. Looks like there is very good reason to start to organize around this.

[Jason Real]

We have been following this and its hard to believe something like this could keep getting swept under the rug. The lawsuit will hopefully get people asking the right questions to the right people. The clean aprons are crooked and need to be exposed.

[1037 Hourly Union]

John Cleary Home Depot Associate Relations Manager is your typical heartless, incompetent clean apron. He doesn't work in the stores. Never worked in the stores. Understands nothing about working in the stores. He is void of every bit of common sense required to work for Home Depot. Human Resources? Please. He would have to be a human being or able relate to Humans. He is perfect liar for the region because he is too stupid to know anything. Dumb@ass. What is sad about Home Depot now is they will fire this nut job and replace him with another equally ignorant nut case. Get involved homer buddies unless you want to deal with more ignorant apes like John Cleary.

[not orange blooded]

Meagan wrote:

Attn Aware Line: We sent you some of the complaints against John Cleary. We know you folks are reading these so can you PLEASE look into this. Seriously. If you don't want this to go from 35 lawsuits to 300 I suggest you take a closer look as the laughable track record of illegal firings John Cleary has been involved in.

i feel your pain. but do honestly think any corporate member of Home Depot gives a rats ass about the associates? someone told me that on one of the HDTV broadcasts, Marv Ellison said "I need for all the associate to go out on the floor and break their backs so my HD stock goes up" WTF!!!! the entire corporation is corrupt, unethical, immoral and malicious. hell, the mob looks wholesome compared to corporate Home Depot. don't know what it is going to take to get the associates some relief. anybody got any ideas?