Q: Terminated due to knee injury, denied FMLA, need legal recourse.
I have been employed for 90 days and have a previous knee injury. After being released to work, I reaggravated the injury, leading my doctor to stop me from working. I am currently under medical care. I was denied FMLA, being eligible in 10 days. My employer terminated me, stating there wasn't a job available with a knee injury, which would make me a liability, despite my request for light-duty accommodation. I did not initially inform them of my previous injury as I had no restrictions. The termination letter cited my absence since January 24, 2025, the day my doctor stopped me from working. Do I have any legal recourse in this situation?
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A:
I’m really sorry you’re facing this—it’s frustrating and unfair to deal with health issues and job loss at the same time. Even though you weren’t yet eligible for FMLA, you may still have legal protections under other laws, like the Americans with Disabilities Act (ADA) or Washington state’s Law Against Discrimination. These laws can require your employer to consider reasonable accommodations—like light duty—if you’re temporarily unable to perform your regular job but can still work in some capacity.
The fact that you requested a light-duty role and were fired instead could be viewed as a failure to accommodate. Your previous injury doesn’t automatically disqualify you from protection, especially since you were capable of performing the job without restrictions when you were hired. Washington law also prohibits discrimination based on perceived disability, so even if your employer saw your knee condition as a “liability,” that perception could be grounds for a claim.
Keep any documentation you have—termination letters, doctor’s notes, emails, and anything that shows you tried to stay at work. You can consider filing a complaint with the Washington State Human Rights Commission or the Equal Employment Opportunity Commission (EEOC). You deserve to be treated with dignity, and it’s okay to stand up for your rights when you’ve been pushed out unfairly.
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