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-   -   Is it weight discrimination if one of the owners of the company calls you fat? (https://www.askmehelpdesk.com/showthread.php?t=517055)

  • Oct 15, 2010, 02:45 PM
    Commet
    Is it weight discrimination if one of the owners of the company calls you fat?
    Is the company is in violation of their own handbook and part of that handbook is the non-compete agreement - is the non-compete agreIn the company hand book it says that they will not tolorate weight discrimination. I made a complaint about it (it was the owners wife) and then I was told it is not going to change and if you don't like it leave. The employee handbook also states that if a complaint is made it will be investigated. No investigation was done and I was ultimately terminated. Would this be unlawful discharge?ement any good?
  • Oct 15, 2010, 03:09 PM
    donf

    A "Non-compete" agreement usually extends to an employee that is leaving the company and might choose to work for a competitor doing the same work.

    This is a very standard clause for programmers, engineers and the like to have to sign.

    Someone calling you "Fat" is certainly inappropriate behavior and may be actionable.

    Is the owner's wife a co-owner or employee of the company?
  • Oct 15, 2010, 03:27 PM
    Commet
    Comment on donf's post
    The Presidents wife actually is majority share holder - she lives in Florida and comes up to Michigan usually for 2 months in the summer. The first thing she said to me this year was "You're getting fat".
  • Oct 15, 2010, 03:43 PM
    AK lawyer

    1. It looks like the boss's wife did violate the company policy. However it does seem to be a petty thing to get upset about.
    2. And if what you say about the company handbook is true, they should have investigated. They did nothing?
    3. But the big thing here is that they fired you. Can you prove that the firing was a direct result of the weighty comment and your leaning upon the company to investigate?

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