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Let go for being fat

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Zigner

Senior Member, Non-Attorney
Minnesota

I have a work comp lawyer but his job is a fine line and was to get my injury declaired a work comp injury. But my situation is spilling out of if the work comp relm.

I was hurt at work while working. I was a baggage handler for nwa for 5 years at the time. I was lifting a heavy bag and felt a pop in my side. The insurance company sent me to a strip mall Dr who said I was too fat to figure out the reason I got hurt but if I was skinny it might not have happened. Since I had been fat a long time he said my obesity was a pre existing condition. With that I was let go from work because my injury left me disabled. (I can never lift more then 20 pounds the rest of my life)

The company has a accommodations department but since it was viewed as my fault for being hurt they refused to help me.

I liked the travel perks so I found another job within the company. But I was viewed as being off the street. I lost my seniority and took a large paycut.

My work comp claim went before a judge and I won. The judge said my weight had nothing to do with my injury and it was a work comp injury.

It was a small victory. 160 days later my department announces we are adding 9 supervisor positions. I asked if I could apply for one of the positions and I was told they were only interviewing people who were at risk to lost their job because of the merger. The 9 were hired from other departments making the ratio about 35 women to 2 men in the department. Yet right after they were hired I was pulled into a office and told my position was being eliminated and in a few weeks I would be let go.

Due to the merger a severance package is on the table and I had 5 days to pick it. Not picking it ment I was still out of a job so im basically forced to take a severance. But the severance is based on my new pay cut wage not my pre-injury wage. The State of minnesota has ruled I have a work comp injury. Thus my wages should not be affeceted. Meaning I should get my full severance.

HAD I been accommodated under the program NWA offers to injured workers my pay would not have been affected I would not be in the current position I am in now. It would have been in my own work area that does not have any layoffs currently. I would not have lost my seniority. I would not be losing my job.

I dont know if its cause im a man with the female / male ratio being about 35 to 2 soon to be 35 to 1 when Im gone. Im not sure its because I won my fat case because it was only 160 days after I won that im being let go.
Quoted to remove your email.


Also, was there a question in there?
 


Hot Topic

Senior Member
{Quote}HAD I been accommodated under the program NWA offers to injured workers my pay would not have been affected I would not be in the current position I am in now. It would have been in my own work area that does not have any layoffs currently. I would not have lost my seniority. I would not be losing my job.{Unquote}

The operative phrase is "that does not have any layoffs" CURRENTLY. With the economy the way it is, no one can say with certainty that they won't lose their job.

Shame on the company for not having a wellness program for its employees. There are companies that offer incentives to employees to lose weight, work out, eat right and generally develop a healthier lifestyle.
 

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