A Personal Attack

[63dot]

I imagine an employer would have to demonstrate you are incompetent in your job. If he can't do this, he might get himself in trouble.

The thing is incompetency and his disability are different issues. You can fire for no reason, good reason, but never a bad reason in a right to work state, in the US. If the employer mixes these issues up, then he/she/the business entity can be in for a civil lawsuit.

 

[Huntn]

The thing is incompetency and his disability are different issues. You can fire for no reason, good reason, but never a bad reason in a right to work state, in the US. If the employer mixes these issues up, then he/she/the business entity can be in for a civil lawsuit.

I understand you can be fired for "no reason given" and you have nothing to say about it unless you are part of a collective bargaining agreement. However when disability comes into the picture, my guess which could be wrong, is that after being accused of discrimination, the employer would have to show the disability was not the reason.

 

[Zombie Acorn]

One of my roommates was the same way, could work just fine but couldn't drive/get a drivers license because of his eyes. A sensible person would demand an apology, I personally would have walked off the job after giving him a cordial reply.

 

[gibbz]

I applaud you for not telling him to immediately go eff himself

Good luck on whatever you decide.

 

[DoFoT9]

im speechless to man.. this is absolutely ridiculous. what a pathetic excuse for a human being.

please def report him for this, there is no way he can get away with it. its like saying somebodies skin colour is stopping them from working properly. serious WTF

 

[angelneo]

It's not appropriate for a boss to give an employee a "life lesson". Especially considering that there was no point to what he was telling him--except to demoralize--which may have been the intent. The conversation should always be limited to work performance, end of story.

You can't expect your friends to keep sweet talking to you. Sometimes, some people just need to know the blunt truth. In this case, I see some value in the advice.

On the second note about employer should only talk about work, I disagree. It's sometimes a good strategy to build good rapport with your employee by showing concern in their life and what's happening.

Would this be different if his boss offered him a gym membership and/or a company car pool instead? As I say, I can't judge much from the limited information, but we shouldn't jump the gun and threaten to sue immediately just because someone say "You are fat"

 

[rhsgolfer33]

On the second note about employer should only talk about work, I disagree. It's sometimes a good strategy to build good rapport with your employee by showing concern in their life and what's happening.

Indeed, however, negative comments about how an employee gets to work and his fitness, things that have little to do with this particular job, certainly don't build a good rapport.

Would this be different if his boss offered him a gym membership and/or a company car pool instead? As I say, I can't judge much from the limited information, but we shouldn't jump the gun and threaten to sue immediately just because someone say "You are fat"

Certainly, those are benefits, not unsolicited and, so it seems, unwarranted advice on issues that do not pertain to the job and that may eventually be grounds for legal action. Most employees would be happy to accept a gym membership or company carpool as a job benefit; if their boss called them fat and told them they should workout, most people would be slightly upset.

 

[angelneo]

Indeed, however, negative comments about how an employee gets to work and his fitness, things that have little to do with this particular job, certainly don't build a good rapport.

Certainly, those are benefits, not unsolicited and, so it seems, unwarranted advice on issues that do not pertain to the job and that may eventually be grounds for legal action. Most employees would be happy to accept a gym membership or company carpool as a job benefit; if their boss called them fat and told them they should workout, most people would be slightly upset.

I just want to bring out that we should at least consider the employer point of view since all we have now is the OP point of view. OP might be right as in his boss could have brought his point across very badly resulting in misunderstanding. I think OP is correct to try to clarify whether his boss is implying if those comments has an impact on his performance. But we shouldn't suggest to OP to seek drastic measures until he is cleared as it could lead him and/or his boss to lose their job if handled wrongly. It would be a pity if his boss doesn't have any ill intentions.

 

[barkomatic]

You can't expect your friends to keep sweet talking to you. Sometimes, some people just need to know the blunt truth. In this case, I see some value in the advice.

This person is his boss, not his friend--that's an important distinction here.

On the second note about employer should only talk about work, I disagree. It's sometimes a good strategy to build good rapport with your employee by showing concern in their life and what's happening.

It's fine to have small talk with the people that work for you--in fact its a good idea. As a boss though, one has to be careful about what is discussed. The conversation the OP described was not small talk. It was a put-down based upon a condition the employee has no control over, that the employer knew about prior to his employment, and which the employee has made a reasonable accomodation for. Seriously, the courts are full of lawsuits based upon what the employer considered "small talk" at the time.

Would this be different if his boss offered him a gym membership and/or a company car pool instead?

Yes, it would be. Instead the thread would be entitled, "My boss gave me a car!!" The conversation the OP had with his boss is not similar to this.

As I say, I can't judge much from the limited information, but we shouldn't jump the gun and threaten to sue immediately just because someone say "You are fat"

I'm assuming that everything the OP is saying is accurate--I recognize that it might not be. I was not one of the people to suggest he lawyer up--but what his boss told him is very concerning and the OP was clearly upset. In preparation for what could be some very unpleasant events for him, he should be aware of what his rights are in Australia.

As for the "You are fat" situation that is most definately not a conversation you would want to have with someone who works for or with you--trust me. As a general rule, its better to focus on the behavior of an individual. There are several obese people I supervise but its not my place to tell someone to lose weight.

However, let's say the obesity is somehow affecting a person's job performance--say they weren't getting enough sleep and started coming into work late. I would have a conversation with the person about their tardiness and would not mention their weight problem at all. If the employee brings that up themselves and states that as a reason for their tardiness, then HR gets involved because its a health issue that may require some type of special accommodation or disability leave.

I was once in a courtroom where a "Thank You card was entered as evidence. Inside was written, "Good Job" and the employee felt that comment contradicted the reasons for her termination. It's sad.

 

[63dot]

I understand you can be fired for "no reason given" and you have nothing to say about it unless you are part of a collective bargaining agreement. However when disability comes into the picture, my guess which could be wrong, is that after being accused of discrimination, the employer would have to show the disability was not the reason.

so far it doesn't appear there are issues in this fact pattern that indicate much the employer could do

if the employer looks like sh**, smells like sh**, and has those four letters on their birth certificate and driver's license, and their poor new wife has a new last name of sh**, my guess is, well you know

even if johnnie c were around, there is not much he could do

 

[angelneo]

I'm assuming that everything the OP is saying is accurate--I recognize that it might not be. I was not one of the people to suggest he lawyer up--but what his boss told him is very concerning and the OP was clearly upset. In preparation for what could be some very unpleasant events for him, he should be aware of what his rights are in Australia.

I'm not suggesting that his boss is right either, OP should clarify whatever is needed as his boss might come from a different perspective, and what we have here is all based on what OP is saying.