Lawsuit: Newburgh Factory Took Toeless Worker’s Stool, Fired Him
A Newburgh man with no toes says that he was unfairly targeted by a Hudson Valley company.
The New York Post says that Javier Amigon was fired from his job after 30 years because he was unable to work without using a stool. Amigon was happily employed by a nail polish factory in Newburgh before they were taken over by another company just a few years ago. That's when the disabled man says he was forced to stand on his severed foot or face being fired.
Amigon came to Newburgh in 1987 after being attacked in Mexico. At the age of 25, Amigon was robbed by thieves who beat him until he passed out, eventually tying him to a railroad track. When he became conscious, Amigon's legs were being ripped apart by the train. He soon moved to Newburgh and began working at the factory, placing caps on bottles of nail polish.
According to Amigon, he worked for three decades with the use of a stool to occasionally rest his deformed foot. He says that he was able to get through the day thanks to the stool, which did not interfere with his job.
A lawsuit against the company says that without warning, one day someone came and confiscated his stool. All of the chairs were thrown in a dumpster and workers were told that there would be no more sitting down on the job. Amigon tried to explain his situation, but management allegedly told him that if they gave him a stool they'd have to do it for everyone.
Not wanting to lose his job, Amigon attempted to continue working at the plant, but after standing on his prosthetic during an entire work day, the skin on his foot would rip and bleed.
After eventually being fired in 2016, Amigon sued Kirker, the nail polish factory's owner, for wrongful termination. Amigon was joined by the US Equal Employment Opportunity Commission who has also sued Kirker for disability discrimination.