I need advice on what I should do. I think I have a case.

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huntinbud

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I live in Oregon and answered a job listing in the local newspaper. A large scale hunting outfitter out of Colorado was hiring for their new ranch in New Mexico. I was hired by phone, because the manager liked my experience. I had sent them a digital photo album of more than 150 animals I had helped hunters get. He told me to come on down, giving me the contact information for the ranch itself, you see they have 37 ranches in their control.

All in all, it cost me about $800 in travel expenses (which I was promised I would be reimbursed for in full) and I also quit my job managing a restaurant to take what I thought was my dream job. The manager had hired me based on experience, remember that key point. I asked if I would be guaranteed that I would get to work and his answer was that in 35 years he never had anyone just stand around twiddling their thumbs, he said everyone gets clients.

I worked like a dog for eleven days, scouting for elk (and I found a whole lot of true trophies for them) I also cleaned their filthy lodge and cooked 5 gourmet dinners for their clients. On day eleven, the manager (who I never met in person) called me and told me that someone had told him I was overweight and that "wasn't the image he wanted in his company" I am a much better hunter than 3 of the 5 others, and I can hike as far or more than all of them.

I was told to go home after driving 1,400 (2,800 round trip) miles to guide elk hunters in New Mexico, because I am overweight. They paid me $350 for gas reimbursement, not even half the total. They will not answer my letters or emails. I sent three certified letters to the owner, the second and third stating my intent to seek legal remedy. It has been nine months now and still no word.

I figure that I am owed $9,600, since the terms of the verbal contract were $2,000 for September and $2,500 for October, November, and December. The company had me pass a state test (NM) and register as a guide, though it was unnecessary because we were covered by an umbrella "outfitter" license for the property. That cost $100.

Oregon law, I am assuming I can sue them here since they ran an add here, allows up to $7,500 for small claims. I'm not sure about New Mexico law, if I do have to go there.

My big question is, do I go after what we agreed on for compensation, or do I nail this company to the wall for discrimination and predatory hiring? How much do I go for?

Any advice would be great.
 
since the terms of the verbal contract
Biggest mistake. It was your personal choice to quit your job and drive to New Mexico. Unless you have a written employment contract with the company, your work is "at will". They or you can terminate employment for any reason as long as it is not due to discrimination. Firing due to you being over weight is not discrimitory in the legal sense. Sorry, but I don't believe you have justification for a legal suit.

I'm not an attorney, so let's wait and see what others say...
 
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You have to sue them in their state.

Oregon has no jurisdiction in this case.

It happened in NM.

You'd have to sue them in NM.

To do that, you'd have to go to NM.

Your only other option is to sue them in federal district court in OR.

Suing anyone in federal court without a law degree (or 20 years in prison) is almost impossible.

On top of all of this, you have proof.

You have no written contract.

Next time, get everything in writing, not an email, either.

If I were you, I'd charge this incident/episode up to experience.

You might have a potential lawsuit, if you can prove you were terminated for being unfit.

Call a couple NM lawyers and ask them.

Call a couple OR lawyers and ask.

If you have a case, it won't be easy, as being fat isn't a protected class.






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