wrongful termination?

[Pmedic]

This just occurred in Illinois. I have been a paramedic for a municipality for over 12 years. I have never in those 12 years had any issues but last night the chairman of the committee showed up at my house and gave me a letter of termination due to my weight. There is no weight guide lines at this service there are no standards we have to maintain. I have never had an issue that was directly a result of my weight. The only issue here is the person in charge has been against me since he took over 2 years ago. We are a union shop and my union rep has advised me to seek an attorney on my own as well as we are meeting with the committee Monday. They didn't even have the decency to call me before the committee to discuss this matter. I am just curious as to what they have broken law wise and what there is I can possibly do? This blind sided me. No warning no verbal or written warning nothing. Any advice would greatly be appreciated.

Matthew Bierman EMT-P

 

[AL HR]

Weight is not a protected class, therefore your termination was legal with the exception of if they didn't follow the CBA. They have to follow that, but barring any issues there, there is no reason to get an attorney involved. They can terminate you becuase of your weight, height, the color of your eyes, as long as they don't fire you because you are in a protected class such as race, religion, age, etc.

 

[Pmedic]

ok what is the CBA?

 

[cbg]

Collective Bargaining Agreement.

 

[mitousmom]

How much overweight are you? Morbid obesity can be a disability under the federal Americans with Disabilities Act. Whether a person with morbid obesity has a disability depends on whether that particular person is substantially limited in a major life activity, has a history of being substantially limited, or is regarded as being substantially limited.

 

[AL HR]

I don't believe obesity is ever covered under ADA, only the comorbitity issues. In other words, if you have leg problems due to your weight, it may qualify as an ADA qualifying condition.

The only way I believe around this is maybe if they "considered you disabled". Even if you aren't disabled, if they considered you as disabled, then it would be illegal. Not sure how obesity would relate to this though.

 

[Caveman]

It is funny ( ) That everyone thinks this person is overweight instead of underweight it is like the joke.

Something like. " a kid comes into the ER after a car accident and has to have emergency surgery with his father and the Doc that comes on call says.: " I cannot work on him he is my son". And people are stumped as to WHY?... Because Doc is Mom.

The thing is you all presumed the person is overweight.

maybe that is right, maybe that is not right. maybe they cannot perform their duties because they are too weak because of malnutrition.

Just a little soap box on a Saturday, Sorry not really law just an eye opener. I am sure you all covered the law I guess.

Good luck OP with your situation, sorry you were caught off guard.

 

[mitousmom]

I don't believe obesity is ever covered under ADA, only the comorbitity issues. In other words, if you have leg problems due to your weight, it may qualify as an ADA qualifying condition.

The only way I believe around this is maybe if they "considered you disabled". Even if you aren't disabled, if they considered you as disabled, then it would be illegal. Not sure how obesity would relate to this though.

EEOC, the federal agency responsible for enforcing the ADA, considers morbid obesity to be an impairment. As with any other impairment, if it substantially limits a major life's activity, the impairment is considered a covered disability. See http://www.eeoc.gov/policy/docs/902cm.html

 

[Pmedic]

As far as obiese yes I am 5'11 and weigh in at 330 pounds. Has this ever impaired my ability to help those in need? Nope never. I have crawled in over turned vehicles that you would never have thought a dog could get into and rendered care. That is where the problem is its not that I have done something wrong it is they are scared I MIGHT do something wrong. This is crazy. Every medic in there can be a liability if that is what they are looking at. Each time we go on a call that puts them at a liability. That person might mess up and give the wrong drug or splint a broken limb wrong. The thing is my weight has never got in my way. There are medics in my region that make me look small and they don't have problems either. As for the CBA OMG they blew that one out of the water. I could not even begin to start on what they breeched there. Even the Military who by the way does have a weight requirement gives you time to fix the problem. They will even help you fix it. I appricaiate all the input here and thank everyone for giving thier opinions.

 

[mariner]

Sorry to hear about your termination. I am a registered nurse and there are plenty of overweight nurses out there helping people everyday. I have never heard of a health care provider being fired for their weight, especially when you stated that you are able to do the qualifications of your job.

I would make sure your local labor union took the proper steps. I know labor unions have always been positive when it comes to fighting for rights, especially here in Illinois.

I do have to say I think it was a bit rude on the committees part to just show up at your door with a termination letter. Most places would wait till you at least were at work. You are correct about the military. One is given a certain amount of time to correct the situation and get in shape, not a lot of time, but at least they could have spoken to you about this before firing you.

Good luck and I hope things turn out ok for you. We health care providers have to stick together.

 

[cbg]

A close friend of mine is six foot six, weighs approximately 330 pounds, was an emergency room nurse for 23 years, and is now medically disabled for ANY job, in or out of medicine that requires standing for any length of time whatsoever. If he had spent less time on his feet previously, he might not be disabled now.

Can you try to take the long view on this? It's certainly a problem now, but in the long run it might prove beneficial.

Just a thought...