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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11250
Experience:  Significant experience in all areas of employment law.
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I've been at my job almost 4 years. In 2013 i had a hip injury

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I've been at my job almost 4 years. In 2013 i had a hip injury that i csnt recall of it were work related or not. But the same pain came back without incident on 6-18-2015. I came to find out that i need a hip replacement and reported it to my job. Now they want to let me go because they don't think i can do the job after the surgery. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
No, it generally would not be legal to terminate an employee based on the suspicion that the employee will not be able to due their job at a future point in time due to a medical condition.
If your employer has 50 or more employees, you are likely eligible for up to 12 weeks of protected job leave under the Family Medical Leave Act (see here for the form you need to fill out in order to take leave under the Act: http://www.dol.gov/whd/forms/WH-380-E.pdf
If your employer has 15 employees or more, state and federal law require them to "reasonably accommodate" disabilities. Reasonable accommodations can include allowing protected time off work (perhaps even in addition to the 12 weeks provided under the FMLA), modified job duties, a reduced schedule, etc. The only limitation is that the accommodations may not impose "undue hardship" on the employer's business.
So, an individual in your circumstance likely has legal protections, and therefore termination based simply on the fact that your employer "doesn't think" you'll be able to work after surgery would be against the law.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.