Lawyers for Wrongful Termination Due to Leg Injury
At Akopyan Law Firm, A.P.C., we are dedicated to advocating for individuals who have been unjustly terminated due to a leg injury. Leg injuries can be complex, often requiring extensive medical treatment and rehabilitation, which can significantly impact a person’s ability to work. Unfortunately, some employers may unlawfully terminate employees who have sustained such injuries, perceiving them as liabilities rather than fulfilling their legal obligations to provide necessary accommodations. If you believe you were fired because of a leg injury, our experienced legal team is here to offer expert guidance and representation. We proudly serve clients across Los Angeles, Orange, Riverside, San Bernardino, Kern, and Ventura Counties.
Understanding Leg Injuries and Their Impact on Employment
Leg injuries encompass a broad spectrum of conditions, from musculoskeletal injuries like sprains, strains, and fractures to more severe conditions such as ligament tears, joint dislocations, and amputations. These injuries often require medical interventions, including orthopedic surgery, physical therapy, and, in some cases, prolonged rehabilitation. Depending on the severity of the injury, an individual may experience limitations in mobility, strength, and endurance, which can impede their ability to perform essential job functions, particularly in physically demanding roles.
For example, a tibial fracture may necessitate surgical fixation followed by a lengthy recovery period during which weight-bearing activities are restricted. Similarly, a torn anterior cruciate ligament (ACL) may require reconstructive surgery and extensive rehabilitation, potentially leading to extended absences from work. Such medical conditions can make it challenging for employees to fulfill their professional responsibilities, prompting some employers to wrongfully discharge them instead of accommodating their needs.
Common Reasons Employers Wrongfully Terminate Employees with Leg Injuries
Employers may wrongfully dismiss an employee with a leg injury due to concerns about productivity, workplace efficiency, or financial considerations. They might perceive that an employee recovering from a significant injury will be unable to perform their job to the same standard as before, leading to potential disruptions in business operations. Additionally, employers may be reluctant to bear the financial burden of providing reasonable accommodations or granting extended medical leave, which could lead to wrongful job termination because of a leg injury.
There are instances where employers might also fear an increase in workers’ compensation claims or rising insurance premiums associated with an injured employee. This fear, although unfounded in legal terms, can drive employers to engage in wrongful firing because of a leg injury, disregarding the employee’s rights and the protections afforded by law.
Legal Protections Against Wrongful Termination Due to Leg Injuries
Both federal and state laws offer comprehensive protections against unlawful termination because of a leg injury. The Americans with Disabilities Act (ADA) is a pivotal federal statute that prohibits employment discrimination against individuals with disabilities, including those recovering from significant injuries. Under the ADA, employers are required to provide reasonable accommodations, such as modified duties or flexible schedules, to enable employees with disabilities to perform their job functions. If you have been wrongfully dismissed because of a leg injury, your employer may have violated the ADA, entitling you to legal recourse.
In California, the Fair Employment and Housing Act (FEHA) further strengthens these protections, prohibiting any form of employment discrimination based on a medical condition or disability. FEHA mandates that employers engage in an interactive process with employees to determine appropriate accommodations tailored to the employee’s specific medical needs. If you have been subjected to wrongful job termination because of a leg injury, you may have a valid legal claim under FEHA.
Moreover, the Family and Medical Leave Act (FMLA) provides eligible employees with the right to take up to 12 weeks of unpaid, job-protected leave for serious health conditions, including significant injuries. Employers are required to reinstate employees to their original or an equivalent position upon their return from FMLA leave. If your employer has engaged in wrongful discharge because of a leg injury, in violation of FMLA, you may be entitled to pursue legal action.
How Akopyan Law Firm, A.P.C. Can Assist You
At Akopyan Law Firm, A.P.C., we are committed to defending the rights of employees who have been wrongfully terminated due to leg injuries. Our attorneys have in-depth knowledge of the legal landscape surrounding workplace discrimination and wrongful termination, and we are dedicated to securing the justice and compensation our clients deserve. If you have been the victim of unjust firing because of a leg injury, we will work diligently to hold your employer accountable for their actions.
We understand the significant impact that a leg injury can have on your life, including the physical, emotional, and financial challenges it brings. Our goal is to provide compassionate and effective legal representation that addresses every aspect of your case. Whether through negotiation, mediation, or litigation, we are here to guide you through the legal process and advocate for your rights.
For authoritative information on leg injuries and their medical implications, consider visiting the Mayo Clinic or the American Academy of Orthopaedic Surgeons.
Serving Southern California with Expertise and Dedication
At Akopyan Law Firm, A.P.C., we proudly serve clients throughout Los Angeles, Orange, Riverside, San Bernardino, Kern, and Ventura Counties. If you have been wrongfully terminated due to a leg injury, contact us for a consultation. We are here to provide the legal support you need to protect your rights and secure the justice you deserve. Unlawful termination because of a leg injury is not only an injustice; it is a violation of your legal rights, and we are committed to ensuring those rights are upheld.
Featured Case Involving Wrongful Termination Due to Leg Injury
EEOC v. St. Joseph’s Hospital, Inc., 842 F.3d 1333 (11th Cir. 2016)
Beverly Lowe was a nurse at St. Joseph’s Hospital in Tampa, Florida, where she had been employed for over 25 years. Lowe suffered from severe osteoarthritis, a degenerative joint disease that primarily affected her knees, making it increasingly difficult for her to walk without assistance. As a result, she began using a cane to help her move around the hospital.
In 2012, St. Joseph’s Hospital implemented a new safety policy that required all employees in patient care positions to be able to walk without assistance. The hospital claimed this policy was essential to prevent tripping hazards in patient care areas, where any obstruction could potentially lead to serious accidents. The policy did not specifically target Lowe but applied to all employees who provided direct patient care.
Despite her excellent work performance and the fact that her use of a cane had never caused any incidents or safety concerns, Lowe was informed by the hospital that she would need to either transition to a position that did not involve patient care or be terminated from her employment. Lowe requested that the hospital accommodate her disability by allowing her to continue using her cane, arguing that her ability to perform her job had not been compromised. She suggested several accommodations, such as moving to a less congested area or using a different type of cane that would be less likely to cause any obstruction.
However, the hospital refused her request, citing its safety policy. After attempting to find another position within the hospital without success, Lowe was terminated from her job in March 2012.
Following Lowe’s termination, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on her behalf, alleging that St. Joseph’s Hospital had violated the Americans with Disabilities Act (ADA) by failing to provide a reasonable accommodation and by terminating her employment based on her disability.
The case went to trial in the United States District Court for the Middle District of Florida, where the jury ruled in favor of the EEOC, awarding Lowe $120,000 in damages. The hospital appealed the decision to the Eleventh Circuit Court of Appeals, arguing that its safety policy was a legitimate and essential job requirement, and that Lowe’s use of a cane posed a direct threat to the safety of both herself and her patients.
The Eleventh Circuit’s opinion states in relevant part as follows: A “qualified individual” is “an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8). The trial court found on summary judgment that the essential function of Bryk’s position in the psychiatric ward required her to keep patients safe and that “no reasonable juror could find that Bryk could use her cane safely” in the psychiatric ward because a patient could use the cane as a weapon. The Hospital argues that based on this finding, the trial court should have granted summary judgment finding that Bryk was not a qualified individual under the ADA because she was not qualified to work in the psychiatric ward. Put another way, the Hospital argues that Bryk could not work in the psychiatric ward without a cane, and there was no way a cane would ever be safe in the psychiatric ward, so Bryk was not a qualified individual able to perform the essential functions of the employment position.
The district court, however, allowed the case to proceed—finding that Bryk was a qualified individual with respect to the prospective jobs for which she had applied. This ruling is consistent with the EEOC’s position that Bryk’s ability to perform her then-current job in the psychiatric ward is irrelevant, because she sought reassignment. When an employee seeks reassignment as a reasonable accommodation for a disability, the relevant question when deciding whether she is a qualified individual is not whether the employee is qualified for her current position, but whether she is qualified for the new job. See Lucas v. W.W. Grainger, Inc. , 257 F.3d 1249 (11th Cir. 2001) (examining the essential functions of the new position, not the old one, to determine whether the employee was qualified within the meaning of the statute). The express language of the statute supports the district court’s conclusion and not the Hospital’s position. To quote the statute, the relevant position is the one that the individual “holds or desires. ” 42 U.S.C. § 12111(8). Accordingly, the Court affirms the district court’s finding at summary judgment that Bryk was a “disabled qualified individual” under the ADA
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Employment Law Firm with Offices in Los Angeles, Orange, Riverside, San Bernardino, Bakersfield, and Oxnard
If you were fired because of a leg injury, call us today at (818) 509-9975 or contact us online to schedule a free case evaluation. Our trial tested employment lawyers stand ready to help in cases involving a wrongful dismissal because of a leg injury.