Sacked over performance — or being a vegetarian?
June 17, 2009 by Shane BorerPosted in: In this week's e-newsletter, Latest news & views, Lighter-side, Management issues
An ex-employee has some beef with his former boss, claiming he was let go because he loved veggies and not because of poor job performance.
Ryan Pacifico, a former junior foreign-exchange trader on Wall Street, is suing French financial firm Calyon in the Americas for terminating him over personal preferences. Pacifico, who was hired by the company in 2005, claims that he was endlessly mocked by his boss for avoiding meat and wearing tight shorts during triathlons.
He admitted that from day one, the “trading floor was certainly a manly man’s world.” Pacifico went on to say that he “never expected someone to think it’s gay to be a vegetarian or to constantly poke fun” at him. He was eventually terminated from his position because of concerns over his job performance, but specifics were never made clear to Pacifico.
His suit is aimed directly at former manager Robert Catalanello, who is accused of saying “it’s [Pacifico's] fault for being a vegetarian homo,” according to the lawsuit filed in Manhattan Supreme Court.
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Tags: Job performance, Vegetarian, Wall Street
June 23rd, 2009 at 3:41 pm
Wow…well, I guess eating habits aren’t really a protected class! I’m not familiar with NY state law, so I don’t know if sexual orientation is protected there. Otherwise, I’m not sure on what grounds he’d have a claim.
June 30th, 2009 at 11:33 am
Wouldn’t have to be part of a protected class. If he was fired for anything other than issues directly relating to job performance, he has grounds for wrongful termination.
June 30th, 2009 at 1:06 pm
Not necessarily, Ashley. Wrongful termination is a legal phrase. A firing isn’t a wrongful termination in and of itself. The termination must breach either terms of an employment contract, or a statute or provision in employment law. You can legally be fired for something other than poor job performance and not have grounds for a wrongful termination suit.
November 9th, 2009 at 12:20 pm
I have had the same issues. Except my boss was a female, too. I was not one to go out with the girls to have a drink and chat with colleagues. I wanted to go home to be with my kids and husband. Since I was not with the “in crowd”, I was passed over for a promotion that should have gone to me. (It went to the boss’ sister; she hired her in to give her the position.)
I was originally hired in to take the boss’ job as she was leaving. But something happened and she didn’t leave. I had a degree, my boss didn’t, and more experience than my boss. She became very jealous of me and was able to show her dislike by moving me to another department. Once her sister came in, she was my boss. When the division was sold, I did not go with the company, surprise, surprise.
November 9th, 2009 at 1:07 pm
If his boss called him a homo, and this was part of the reason he was terminated, he has grounds for a discrimination case. It does not matter whether he is gay or not, if this was part of the reason he was terminated.
February 23rd, 2010 at 12:46 pm
Good point Maura.