N.Y. Man Claims Boss Fired Him For His Weight: 'You Got So Fat!'

A Brooklyn man has sued his former employer for firing him because of his weight, court documents show.

A lawsuit, filed June 19 in the Kings County Supreme Court, maintains that Jerry Greenberg, the owner of the art framing store Frame it in Brooklyn Inc., withdrew an offer of employment to Seth Bogdanove because he was too overweight.

Bogdanove worked at Frame it in Brooklyn from 1994 to 2008, according to court documents. He told ABC News that he did not want to discuss why he left the store, but emphasized that his decision had nothing to do with medical issues. After he left, he took adult education classes at the School of Visual Arts and opened a digital archiving and restoration service in 2009, Bogdanove said.

In December 2012, Greenberg e-mailed Bogdanove and asked him to return, Bogdanove said. He added that he agreed and was set to start in January 2013.

But when he arrived at Frame it in Brooklyn, he said, Greenberg told him he was no longer welcome.

According to the court documents, Greenberg allegedly told Bogdanove, "Oh, my god, what happened to you, you got so fat!"

Bogdanove repeated that same allegation in an interview with ABC News. He said Greenberg handed him $5 to reimburse him for transportation costs and has not spoken to him since.

More: Employer Can't Fire Worker For Being Obese, EEOC Says

According to the lawsuit, Bogdanove suffers from obesity partially because of medications he has to take. He told ABC News that he had the medical conditions for seven years while he worked with Greenberg. He was obese when he left in 2008, bu subsequently put on approximately 70 pounds.

"I decided to sue him because he told me I was too fat to work for him and it hurt my feelings and made me feel like less of a person," said Bogdanove.

Bogdanove's lawyer, Noah Kinigstein, would not comment other than to provide a copy of the lawsuit.

Greenberg could not be reached for comment, despite repeated phone calls to his store. He told the New York Daily News that he had considered giving Bogdanove freelance work but he looked ill when he showed up.

Bogdanove denied looking ill.

"I had no problem going up the stairs, nor was I sweating," he said.
Obesity Recognized as a Disease


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What A Guy!

He did not have the type of job where his weight was an issue. Maybe his hygiene could have caused a problem.
A lot of morbidly obese people stink, and are not oleasant to be around.

August 02 2013 at 6:06 PM Report abuse rate up rate down Reply
paddleman1928

article says he withdrew an offer of employment-that is not firing an employee.

June 23 2013 at 2:13 PM Report abuse rate up rate down Reply
sutt202

Obesity is a disease. It's called the "Hand to Mouth Disease". It's cure is "get up off your fat a** and move around". It worked for me and it can work for all the other lazy slobs.

June 23 2013 at 1:20 PM Report abuse rate up rate down Reply
I love Snickers

Okay, some people are very fat through no choice of their own (steroids, having to take meds for diseases that slow their metabolism, etc.). BUT most people have a big BUTT because of making the wrong choices---eating lots of fast or fattening food, not getting any exercise, stuffing their faces with food for emotional relief rather than getting counseling, etc. THOSE people risk rightfully losing a job or not being hired!!! If there is a GOOD medical reason for their being 75+ pounds overweight then they can get a letter from a doctor to prove it. There was a story of a guy who ran a forklift and got fired for gaining a ton of weight and being a drain on the company health insurance----and without the job he ended up dieting & exercising and lost the weight, which he could have done BEFORE he lost his job, he just didn't CHOOSE to make the effort. &$%^##%^^#, why can't people take RESPONSIBILITY for their behavior anymore rather than trying to blame others and trying to sue instead???????

June 23 2013 at 12:19 PM Report abuse +1 rate up rate down Reply
1 reply to I love Snickers's comment
geoffandmarie418

People can't take responsibility for their action because we live in a society where ducking responsibility or blaming others for one's own failure is a natural course of action for a lot of people!!!.

June 23 2013 at 2:20 PM Report abuse rate up rate down Reply
amyadenton

To packerhater 28. I'm a nurse and I've seen patient's who take steroids gain weight because it interferes with the metabolic process. I've also seen skinny people who had to eat 3000 calories a day to maintain weight. Now, of course there are people who eat way too much and are obese because of that. There are also people who take medications that alter their metabolism, there are people who have very fast metabolisms and very slow metabolisms. There is even evidence now that a virus can cause a person to become overweight because it alters cellular metabolism. So, please check you facts before you become judgmental.

June 23 2013 at 12:01 PM Report abuse +1 rate up rate down Reply
paddleman1928

this is why you can't hire the obese-you are looking at a lawsuit via the americans with disabilities act. Actually,in today's America, you risk a bankrupting lawsuit if you hire anybody-one of the reasons companies outsource.

June 23 2013 at 11:48 AM Report abuse rate up rate down Reply
rkeeeballs

Wouldn't want to employ a fat, obese idiot either....Can't respect yourself ?... Neither can I....tough luck !

June 23 2013 at 11:40 AM Report abuse rate up rate down Reply
packerhater28

nancy.belsterling
whether you believe this or not--being fat is all about making choices and being in control. You are fat because you eat too much and do not burn off the calories you consume. This is a choice. Nobody is shoving food down your thoat or forcing you to eat. this is a choice!!! i choose not to be fat. I exercise, watch my caloric intake, make healthful choices. Is this hard work? Yes! Would i like to stuff my face with big macs, fries, and a coke sometimes? Yes. do i make a CHOICE to do this or not?? Yes, same as a fat person but we made different choices. Being fat is not a disease!!! Being fat is lack of control!!!


Why did you ask and answer your own questions?

June 23 2013 at 11:10 AM Report abuse rate up rate down Reply
jutta von sivers

this to Owen, do not call anybody else a moron until you refresh your spelling and syntax.

June 23 2013 at 10:44 AM Report abuse rate up rate down Reply
Owen

next the libs, will try to tell you, being stupid is a disease, I guess the morons that happen to be in charge at the moment, have no reguard, for the average Inteligence, of the public

June 23 2013 at 10:07 AM Report abuse rate up rate down Reply

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