BROOKLYN, NY (CN) - A salesman claims in court that he was fired for gaining weight from a medication he was taking.
Seth Bogadanove sued Frame It In Brooklyn and its owner Jerry Greenberg, in Kings County Supreme Court.
Bogadanove says in the complaint that he worked for the defendants from 1994 to 2008, and helped the company in "greatly expanding and growing."
He says he left in 2008, but Greenberg offered him his job back "because he is familiar with his work and he knew he was a good employee."
But when Bogadanove went to work in January, he says, Greenberg looked at him and said, "Oh my God, what happened to you, you got so fat!"
Bogadanove says he tried to explain that he had gained wait because of medication he had to take for an unspecified medical condition, to which Greenberg responded: "Oh my God, I am sorry, I can't use you, there is no way you can work here at your size. You wouldn't fit between the aisles," according to the complaint.
Bogadanove says he asked for a tour of the shop to see if an accommodation would be necessary, but says Greenberg told him to leave "because of his obese size."
Bogadanove seeks back pay with benefits, compensatory damages, punitive damages for discrimination and attorneys' fees.
He is represented by Noah A. Kinigstein.