California Employment Law
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Hello,I'm really surprised at the employer's action. They seem to have decided to risk legal action for disability discrimination, under both federal and Calilfornia law. Let me see if I can think through the case:
You can hire an employment rights lawyer (see this link) to try to convince the employer that it may want to reconsider its decision. Or, you can file a complaint with the DFEH, and let the government go after the employer -- and then sue if the DFEH can't talk any sense into the employer.
There's money in this legal claim, in my opinion. But, maybe you would prefer to have the job. Either way, and while I cannot promise you the result that seems obvious to me, I think that local legal representation or a DFEH complaint is likely to produce a positive outcome. Please let me know if I can be of further assistance.
I guess, California being a "at Will" state they can let me go for any reason basically (unless it is not one of the "protected class"). i really don't have any proof that the reason was my weight, but a very lame excuse for letting me go, then filling the position again with some who was just as qualified as me (I know the person) who is not over weight, is that enough?
A single comment about my weight and then as soon as I tell them what the surgery is for, BAM, end of my job? I was not even there a week? It makes no sense...
no longer overweight in CA