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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Would I have a case against a small business I work for if,

Customer Question

Would I have a case against a small business I work for if, i heard the owner of the establishment wanted to fire me based on my looks, overweight not the best looking but consistently have the best in sales, on a nightly basis when I do work. Just curious, thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. If you were actually terminated, rather than just hearing that someone wanted to terminate you, and you believe that your weight and/or physical appearance was the reason for your termination, then you might have a valid discrimination claim to file with the EEOC or State. I say might because there would have to be a determination by the agency, or a court, that your weight rose to the level of a disability under the ADA, or maybe (if you are a woman) your gender was the reason you were held to a different standard than other workers.

I would recommend that if you are terminated, you sit down with a local employment law attorney who can actually gather all of the facts and discuss whether they think you would have success with either discrimination claim in the local judicial setting or with the local EEOC office.

Please feel free to ask for clarification if needed. I will be away from my computer for most of the morning, but will respond as soon as I am available. If you have no follow up questions, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you