Legal Question in Discrimination Law in New York

Fired From My Job and Labeled An Abusive

I was abruptly fired from a firm where I was promised a long-term future. Due to a minor verbal disagreement with a former female co-worker (who has since left the firm after my dismissal), I was, due to my size (6'4", 225 lbs), labeled a physical threat and abruptly dimissed with one week's severance pay. I have two witnesses that will testify my behavior was not inappropriate and that this woman over-reacted to nothing. I was told by my boss (a woman with a history of problems with male co-workers) that if I understood this woman's past history (she was physically abused by her former husband), I would understand why she acted the way she did. She also said because of my size, I am a threatening presence. According to former co-workers, my boss made comments that I was violent, dangerous and a threat to every single woman at the firm. None of that is true and I had an excellent relationship with everyone I worked with, including the woman I had the disagreement with. She also claimed I have problems with my wife and mother, and that due to a brain tumor (not true) she needed to get rid of me quickly. I don't understand how this firm can get away with treating me like this and I would like to know if I have a case.


Asked on 6/29/99, 12:13 pm

2 Answers from Attorneys
Stuart Williams

Re: Fired From My Job and Labeled Abusive

I'd take your case if you were in my area of practice (Massachusetts). I can't say about NY's laws but I think you should go see a lawyer right away. A female lawyer. Keep your distance, though! (And keep treating that tumor. Phew! Where did that come from!!?????)

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Answered on 7/09/99, 11:06 am
Harold M. Weiner Coles & Weiner, P.C.

Re: Fired From My Job and Labeled An Abusive

This sounds possibly actionable but problematical.

You take your "vitims" as you find them. The question

will be, is she unreasonable in her fear of you in

what you did, or said? The law also protects obesity.

While your description does not sound "obese " by

normal standards, still this might come into play.

The question to resolve is, if you had been her

size and weight, would you have had the same results?

Call or e mail me privately with more details.

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Answered on 8/03/99, 11:30 am


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