Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Bad Axe (MI) man fired for being fat wins lawsuit
MLive.com ^ | June 7, 2005 | Crystal Harmon

Posted on 06/07/2005 10:34:11 AM PDT by wmichgrad

A jury has awarded $284,000 to a Bad Axe man who claims he was fired from his job for being fat.

The eight-person jury in U.S. District Court awarded Steve Pasanski the money in a wrongful discharge discrimination case against Continental Rental, Inc. The four-day trial concluded Friday in the Bay City courtroom of U.S. District Judge David M. Lawson.

"I'm grateful to the jury, and I'm glad the legal process vindicated Steve Pasanski," said Glen Lenhoff, the Flint attorney who represented the plaintiff. "I hope overweight people are encouraged by this."

Pasanski, since being fired in August 2003, underwent gastric-bypass surgery and has since slimmed down to 210 pounds, Lenhoff said. Citing the possibility that Continental Rental would appeal, Lenhoff advised Pasanski to make no public comment about the jury award.

Jamie Nisidis, the attorney who represented Continental Rental, could not be reached by The Times for comment.

Lenhoff said Pasanski fluctuated between 355 and 367 pounds during his entire course of employment at the Bad Axe rental store.

"He was vastly overweight the whole time he worked there," Lenhoff said. "But he was promoted to manager, and in fact was named manager of the year for the whole chain in 2002."

In 2003, Lenhoff said, anonymous callers phoned the Bay City office of the company and reported that Pasanski was spotted sleeping on the job.

"We contend that he wasn't sleeping, and even if he was, it was for a few minutes on his break," Lenhoff said. "They (Continental Rental) linked the sleeping to his weight."

Lenhoff introduced several glowing performance evaluations into evidence, as well as a document from when the company laid Pasanski off in May 2003.

"They criticized him for sweating too much," Lenhoff said. "The owner said, 'Steve, you weigh twice as much as me."'

At the time of the layoff, Pasanski was told not to return to work without a clean bill of health, Lenhoff said

So Pasanski went to his doctor and underwent a battery of tests - all of which came back in the healthy range, according to Lenhoff, and returned to work.

In June, while Pasanski was on vacation, Continental received more complaints about Pasanski, Lenhoff said - complaints that he said are common in the world of rental merchandise.

Lenhoff said that Pasanski's obesity, rather than his performance, was the real reason Continental Rental discharged him on Aug. 7.

"We argued that his weight surely was a factor," Lenhoff said. "Even his discharge document comments on his overall laziness and gave him two weeks to correct his health problems."

Pasanski was so upset by the firing that he underwent the surgery, which makes a patient's stomach smaller, preventing the person from consuming more than a small amount calories at a time.

"There's a lot of discrimination against overweight people," Lenhoff said. "He was so devastated by this discharge that he decided he had to get the fat off his body any way possible. This is dangerous surgery."

Pasanski now delivers recreational vehicles across the country and in Canada, a job that keeps him from his wife and his home for about 25 days a month.


TOPICS: Business/Economy; Culture/Society; US: Michigan
KEYWORDS: gastricbypass; gastricbypss
Navigation: use the links below to view more comments.
first 1-2021-4041 next last

1 posted on 06/07/2005 10:34:12 AM PDT by wmichgrad
[ Post Reply | Private Reply | View Replies]

To: wmichgrad

speaking of gastric surgery, know what the one thing they should be telling patients, to save up for your next set of operations unless you like the sharpei look

the problem with the gastric bypass is you lose a hundred or more pounds in a short space of time which means even if you exercise, and I suspect few are pumping iron in the gym until they lose those initial pounds, you are going to end up with mounds of loose hanging skin that can weight about 20 - 30 pounds alone


2 posted on 06/07/2005 10:38:47 AM PDT by littlelilac
[ Post Reply | Private Reply | To 1 | View Replies]

To: wmichgrad

I would do what is best for my company as a whole also.

Surgery will only fix his weight, it won't make him eat right (just smaller portions now) and it won't make him exercise. He is still going to be a lazy glob of celulite.


3 posted on 06/07/2005 10:40:47 AM PDT by kx9088
[ Post Reply | Private Reply | To 1 | View Replies]

To: wmichgrad
a job that keeps him from his wife and his home for about 25 days a month

Ooooh...are they hiring?
4 posted on 06/07/2005 10:41:24 AM PDT by HEY4QDEMS
[ Post Reply | Private Reply | To 1 | View Replies]

To: HEY4QDEMS

LOL


5 posted on 06/07/2005 10:44:29 AM PDT by mlc9852
[ Post Reply | Private Reply | To 4 | View Replies]

To: HEY4QDEMS

man i'm glad I live in an "at will" state that allows me to fire anyone for any reason.

Your ugly ! and your fired !


hehe


6 posted on 06/07/2005 10:44:49 AM PDT by Nyboe (From God we receive both our freedom and morality. A Godless society will have neither.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Nyboe
Your ugly ! and your fired !

Boss....is that you?
7 posted on 06/07/2005 10:47:36 AM PDT by HEY4QDEMS
[ Post Reply | Private Reply | To 6 | View Replies]

To: wmichgrad
I consulted with a man in prison once who was so fat the prison system couldn't accommodate him, no half way house could take him, he couldn't work, and previous attempts to parole him to relatives had failed.

He should have thought about suing everybody for discrimination just to get enough money to feed and house him.

8 posted on 06/07/2005 10:55:25 AM PDT by bayourod (Unless we get over 40% of the Hispanic vote in 2008, President Hillary will take all your guns away.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: littlelilac
I work with a few people who have undergone gastric bypass and they look far worse and seem less healthy now than they did before. The Sharpei comment fits perfectly.

Back on track, it sounds like he was fired, not directly for being fat but for how he performed and it was an indirect connection to being fat (he can choose to get off his ass and work instead of sleeping..)

OK, start the bashing, I can take it..
9 posted on 06/07/2005 11:05:38 AM PDT by mnehring (http://www.mlearningworld.com)
[ Post Reply | Private Reply | To 2 | View Replies]

To: littlelilac
you are going to end up with mounds of loose hanging skin that can weight about 20 - 30 pounds alone

Does the skin go away eventually or do the patient need to have them removed surgically?

10 posted on 06/07/2005 11:08:19 AM PDT by John123 (Those who cannot learn from history are doomed to repeat it)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Species8472

Another thread with the "experts" weighing in on gastric bypass surgery.


11 posted on 06/07/2005 11:12:31 AM PDT by Born Conservative ("If not us, who? And if not now, when? - Ronald Reagan)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Nyboe

uhm... MI IS an at will state. the problem seems to come from giving a reason. if you give no reason, you're fine. if you give a reason, you can be sued. unless you fire someone for being homosexual.. that's ok.


12 posted on 06/07/2005 11:14:14 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
[ Post Reply | Private Reply | To 6 | View Replies]

To: John123
Does the skin go away eventually or do the patient need to have them removed surgically?
It depends on the patient's age mostly. Younger people have more elastic skin. Other factors for this include your exercise level, amount of weight loss, speed of weight loss, and overall health.

For those who medically need this procedure, it is best to do it when you are as young as possible, get good health habits before the surgery, and exercise a LOT!
13 posted on 06/07/2005 11:14:31 AM PDT by mnehring (http://www.mlearningworld.com)
[ Post Reply | Private Reply | To 10 | View Replies]

To: wmichgrad

Sorry, but any employer ought to be able to fire any employee for any (or no) reason at any time. Freedom would alow that, socialism wouldn't.


14 posted on 06/07/2005 11:16:32 AM PDT by gorush (Exterminate the Moops!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mnehrling
Note: previous info from a friend who is a doctor who performs GBs.. We've had a lot of discussion on this as it seems half the people I work with either have had it or want it (even if they don't need it..)
15 posted on 06/07/2005 11:16:34 AM PDT by mnehring (http://www.mlearningworld.com)
[ Post Reply | Private Reply | To 13 | View Replies]

To: gorush

...allow...


16 posted on 06/07/2005 11:17:03 AM PDT by gorush (Exterminate the Moops!)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Born Conservative

smarm...


17 posted on 06/07/2005 11:17:10 AM PDT by dakine
[ Post Reply | Private Reply | To 11 | View Replies]

To: kx9088
He is still going to be a lazy glob of celulite.

...just like most of the people who came into his store. But at 210 pounds, he'll look just like them, and they won't complain.

18 posted on 06/07/2005 11:19:36 AM PDT by Oberon (What does it take to make government shrink?)
[ Post Reply | Private Reply | To 3 | View Replies]

To: kx9088
He is still going to be a lazy glob of celulite.

...just like most of the people who came into his store. But at 210 pounds, he'll look just like them, and they won't complain.

19 posted on 06/07/2005 11:19:36 AM PDT by Oberon (What does it take to make government shrink?)
[ Post Reply | Private Reply | To 3 | View Replies]

To: wmichgrad
...a job that keeps him from his wife and his home for about 25 days a month.

Thankfully, a happy ending.

20 posted on 06/07/2005 11:19:45 AM PDT by HIDEK6
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson