My husband was hiring by a mining company(open pit) he was informed the other day not to come in for his next shift as he is simply too big to do any of the jobs. He is 6'6" and 350lbs. The job he was doing that day was outside directing trucks where to dump. You cannot tell me he is bigger than the great outdoors! They did not terminate him just said they will not be calling him. He was suppose to full time after his 3 months probation which would have been in 3 weeks. He was told his work was great and his co-workers enjoyed working with him he is just too big. Were they blind when they hired him and it took them this long to see?? He is also Metis...hum makes you think? Does he have a valid law suit and any lawyers out there want to try this one?
2006-11-03 15:59:18 · 10 answers · asked by Angry as u know what 1 in Politics & Government ➔ Law & Ethics
yea i think they r making discrimination with him and its anti law and ethics
2006-11-03 16:03:23 · answer #1 · answered by micho 7 · 0⤊ 0⤋
Yes I believe you have a valid lawsuit, but first of all it matters the state you live in and so on. Look in hisorientation book for answers if given one. But yes I believe you have a suit especially if he only had 3 weeks left to get insurance and such. I am sorry you had this problem and I will say a prayer. Me to as a bigger guy gets hassled and treated the same way many times. It hurts and is hard, but hey we are strong and that is why we have great wifes like you to help us through these bad times. Check your area agin if its a right to work state and then type in your question but keep it brief in the yahoo main space. Put in seomthing like I live in where ever you live and my husband was fired or dismissed from work for being to big. see what pops up. You can also wait until monday and call eeoc from your state along with loooking up your local discrimination laws. Good luck sweetie and tell hubby stick in there. Maybe we can hook up and start a foot ball league of our own. Take care.
2006-11-03 16:14:40 · answer #2 · answered by buddabear38 1 · 0⤊ 0⤋
There's something he isn't telling you. You might want to find out the truth before you react. This has "half-truth" written all over it.
90% chance there's a more valid reason. Perhaps he couldn't keep up with the exertion required, or couldn't move between locations fast enough, or some other reason that he interpreted as "being too big" to you. But my guess is that it wasn't his size per se, but that he couldn't do the job for some reason. That's the purpose of probation.
This story is missing some very important details. Don't blow your money on a lawyer until your sure you know the truth.
2006-11-03 17:30:04 · answer #3 · answered by freebird 6 · 0⤊ 0⤋
Yes, unless it clearly states a height and weight requierment or limitation in the companies hiring policies because of requirements to fulfill the job. If no one mentioned anything about him being Metis then that is irrelevant but the height and weight can still be used for a discrimination lawsuit.
2006-11-03 16:06:40 · answer #4 · answered by Rita 2 · 0⤊ 0⤋
Sounds like to me they have just realized they don't need someone else and he's the last guy on the totem pole.They should have known what he was able to do with his size and if they didn't have a place for his size they shouldn't have hired and kept him almost 3 months and then ditched him.Probably using ppl until their 3 months is up.This is discrimination.I would pursue this in court.If you pay a lawyer they will take it on.They should've at least offered him another position.Trust me, you pursue this he will have a new position for HIS SIZE!
2006-11-03 16:11:24 · answer #5 · answered by daddysgirl92280 3 · 0⤊ 0⤋
I am not a lawyer, however; SUE< SUE SUE. I wouldn't take this lying down. You need to persue this. Any lawyer would jump at the chance. Don't take the first one you find either. Negotiate on the lawyers cut. Mining companies have deep pockets. Try to get them on tape or in writing stating that "he is too Big'. If he can do his job it shouldn't matter if he is one foot tall and 25 pounds or 10 foot and 1,000 pounds. Discrimination is wrong in any form. that is why we have laws against it. Excercise your rights.
2006-11-03 16:03:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Discrimination by skill of seems is an extremely debatable subject remember all all over the realm no longer basically in US and it relatively is the secure domicile of discrimination because of the fact seems, extra then each little thing, are fantastic subjective. there is no cut back and dry distinction like in gender or race discrimination. it is not... hmmm... unlawful in spite of the undeniable fact that it actually is unethical.
2016-11-27 02:11:32 · answer #7 · answered by ? 4 · 0⤊ 0⤋
In Canada the federal government has a human rights commission for this type of discrimination. As a not so dainty fella myself I'd rather kick some butt. That's just me. But yes, he has a case but the burden of proof is on him. Witnesses etc.
2006-11-03 18:05:04 · answer #8 · answered by Huguenot 5 · 0⤊ 0⤋
Try asking for more information to see if they can back up their excuse.
Although it's true that they should have noticed his size when they hired him, they may have underestimated it and it might be bad for some reason.
2006-11-03 16:01:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
He was on probation. They didn't need to give him a reason.
:(
2006-11-03 16:02:04 · answer #10 · answered by PinkPrincessNerd 3 · 1⤊ 0⤋