I left my job because my boss kept making reference to my weight.

Get Legal Help Today

 Secured with SHA-256 Encryption

I left my job because my boss kept making reference to my weight.

During the course of six weeks he
made approximately 8 or more
comments about my weight such as all
this exercise, you’re going to lose
weight. I should love him because he’s
getting into shape. My husband should
thank him because he’s getting me into
shape. He’s referring to the fact that I
have to do slot of walking to and from
the copy machine and to our offices he
would sometimes repeat himself 2 or 3
times in one day. He’s yelled these
statements from 30-40 feet down the
hall where other people from different
businesses are in their offices with the
doors open. He also slammed a file
onto my desk after screaming at me
and when a coworker ran into the
office, he yelled I was incompetent and
stupid and then he said to my co
worker she’s gone’. PS he later found
out that the mistake he THOUGHT I
made, wasn’t mine. And just advised
me that the client did in fact have the
paperwork the entire time.
I was embarrassed by these remarks,
but wanted the job. Between his
volatile behavior and his constant
taunting regarding my weight, I didn’t
see it getting better so I resigned.
This happened in New York, Suffolk
County. I live in Nassau County.

Asked on July 18, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is protection against comments made about your weight, like there is no protection for comments made about your body art or piercings, your hair style, your clothing, your taste in music or movies or hobbies, your political views, etc. Therefore:
1) You are not entitled to compensation for being the target or recipient of his comments; and
2) If you left work for this reason, it is considered a voluntary resignation and you are not entitled to unemployment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption