Mario Piril v. Ferguson Enterprises, LLC

I. Background

Plaintiff worked for Ferguson as a warehouse supervisor. See Complaint, Dkt. # 1-1, (“Compl.”), ¶ 11. Nelson was Plaintiff’s superior during all times relevant to this case. See id. ¶ 13. In February 2018, Plaintiff took medical leave after experiencing complications from a workplace injury to his left shoulder. Id. ¶¶ 14–15. After undergoing shoulder replacement surgery, Plaintiff’s physician instructed Plaintiff to remain on medical leave until at least June 2018. Id. ¶ 16. In June 2018, Plaintiff called Nelson to discuss his eventual return to work, but Nelson told Plaintiff that he could not come back until he was “100%.” Id. After another physical evaluation in November 2019, Plaintiff was assigned permanent work restrictions that prohibited him from lifting more than ten pounds or positioning his arm overhead. See id. ¶¶ 17–18. Plaintiff e-mailed Nelson in February 2020 to “notify him of [Plaintiff’s] permanent restrictions” and to inquire about a start date. Id. ¶ 19. In March 2020, after conferring with “HQ,” Nelson explained to Plaintiff that “there were no positions available that met Plaintiff’s restrictions,” and that Plaintiff was being…