A former employee claims he was fired from his managerial position at a department store after requesting time off for surgery related to chronic pain conditions, raising questions about workplace rights for individuals with disabilities. The lawsuit was filed by Alexander Walton in the United States District Court for the Northern District of Georgia on March 10, 2026, naming Von Maur, Inc. as the defendant.
According to the complaint, Walton worked at Von Maur’s Atlanta-area department store from April 15, 2019 until December 30, 2024. During his tenure as Stock and Housekeeping Manager and Operations Manager, Walton reports that he suffered from several medical conditions diagnosed by his doctor: cervical radiculopathy, spondylosis without myelopathy, and low back pain. These conditions allegedly caused daily symptoms such as neck and back pain, numbness in his feet, sleep disruption, limited mobility, and difficulty performing manual tasks both at work and at home.
The filing states that Walton regularly informed his supervisors—General Store Manager Nicolette Matuck and Human Resources Director Leigh Moyer—about his health issues and need for periodic absences for medical treatment or recovery. He asserts that management was aware of his limitations and received doctor’s notes documenting his absences. Despite this communication, Walton claims that both Matuck and Moyer often responded with hostility when he requested time off due to pain or medical appointments.
Walton alleges that in December 2024 he notified Matuck that he would require neck surgery in 2025 and anticipated needing one to two months away from work to recover. He describes an immediate change in Matuck’s demeanor following this conversation: “GSM Matuck rolled her eyes and huffed, and said ‘Okay,’ then walked away.” Within days of this discussion about future leave needs, Walton says his job was posted online by direction of management.
The complaint further details how over the next two weeks following this request for accommodation under the Americans with Disabilities Act (ADAAA) and Family Medical Leave Act (FMLA), Matuck began scrutinizing Walton’s performance more closely than before. It is alleged she used security cameras specifically to monitor him while working in order to find grounds for termination.
On December 30, 2024—after what Walton describes as increased surveillance—he was called into Matuck’s office along with Human Resources Director Moyer and told he was being terminated for “low job performance.” Walton contends that prior to this date he had never been warned about poor performance; instead, he claims to have received positive reviews from management throughout his employment. The complaint cites awards given in March 2024 recognizing excellent performance as well as an above-standard raise in October 2024. Additionally, it notes that company policy required three written warnings before termination for performance issues—a process Walton says was not followed in his case.
The lawsuit accuses Von Maur of violating multiple provisions of the ADAAA by failing to provide reasonable accommodations for disability-related absences or treatment needs; discriminating based on perceived or actual disability; engaging in disparate treatment; interfering with protected rights; and retaliating against protected activity such as requesting accommodations or taking leave under FMLA.
Walton seeks compensatory damages—including physical pain, emotional distress, loss of enjoyment of life—as well as punitive damages where applicable. He also requests attorney’s fees, litigation costs through final judgment, pre-judgment and post-judgment interest on all awarded amounts including expenses incurred during litigation or settlement negotiations. The complaint asks the court to declare Von Maur’s conduct unlawful with respect to Walton’s employment record.
The plaintiff is represented by attorneys Alan H. Garber (GA Bar No. 283840) and Marc N. Garber (GA Bar No. 283847) of The Garber Law Firm P.C., Marietta, Georgia. The case is identified as Civil Action No. 1:26-cv-01339-ELR-JEM.
Source: 126cv01339_Alexander_Walton_v_Von_Maur_Complaint_Northern_District_of_Georiga.pdf
