Legal Question in Employment Law in Indiana

Can I be let go from a job beacuse I've had a ''bad'' knee for 15 years?

Fifteen years ago I had 2 knee operations. Since then I have had a couple of bouts with bursitis in the same knee. It has never caused me to miss work. In February I started having pain in the same knee again. I had to have torn cartiledge removed. I told my employer that it was in no way due to anything I had done on the job. After being off for 2 months i returned to work(I do heavy construction). After a week at work I was hit in the knee and had to have the knee drained. when i returned to work, i was let go. The reason was because I've had a ''bad knee'' for 15 years. This was told to my business agent for the sheet metal workers union. Is this legal??


Asked on 5/14/01, 8:11 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Can I be let go from a job beacuse I've had a ''bad'' knee for 15 years?

The answer to your question may be found in the Family Medical Leave Act, the Americans with Disabilities Act, and/or state law. If your employer is large enough (50 or more employees at facilities within a 75 mile radius) you are entitled to up to 12 weeks leave. If your employer regards you as disabled (it does not sound as if you are actually substantially impaired in your ability to perform any major life function) the ADA may protect you. If you filed a workers compensation claim over this most recent incident, you may have a wrongful discharge claim. Obviously, I need more facts to give you a more definitive answer.

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Answered on 6/25/01, 4:54 pm


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