A former employee has filed a lawsuit against Halmar International, LLC., alleging wrongful termination in violation of the Family Medical Leave Act (FMLA).
According to the complaint filed by plaintiff Nicholas Clarke, he had been a dedicated employee at Halmar International since 2021, working as a laborer and excavator on significant projects like the Van Wyck Expressway expansion. With over a decade of experience in construction and a strong reputation among supervisors and colleagues, Clarke appeared firmly established in his role. However, following the birth of his son on June 19, 2024, Clarke sought FMLA-qualifying leave to bond with his newborn—a request that allegedly set off a chain of discriminatory actions by Halmar.
The lawsuit details how Clarke informed his foreman, Raymond Monahan, about his intention to take leave starting September 27, 2024. Despite having all the necessary paperwork approved by Halmar’s Human Resources Manager by September 10, Clarke was abruptly laid off on September 13 without explanation or prior complaints about his performance. This termination came just days before he was scheduled to begin his leave. Notably, none of Clarke's colleagues were affected by this so-called "layoff," which raises questions about its legitimacy.
Clarke's complaint asserts that this dismissal was unjust and retaliatory—a direct response to his lawful request for family leave. Such actions are prohibited under federal law, specifically the FMLA and related state and city statutes like the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). These laws protect employees from discrimination based on caregiver status and retaliation for exercising family leave rights.
Clarke is requesting a declaratory judgment affirming that Halmar violated federal and local laws, economic damages for lost wages, compensatory damages for emotional distress, and punitive damages, as well as coverage for attorneys’ fees and other associated costs.
The plaintiff is represented by attorneys Shawn R. Clark and Innessa M. Huot from Faruqi & Faruqi LLP. The case was filed in the United States District Court for the Eastern District of New York under Civil Case No. 1:25-cv-1560.