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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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Multi-Employment expert question. PLEASE HELP!

Resolved Question:

Sorry, I hit enter, it cost me over 20,000 in commissions I did NOT receive. I had ALSO found out that even though I was a very successful REp with the companies biggest clients for 7 years, my manager GAVE my job away to the TOP REP (the favored one), within 10 days of my supposed FMLA protected job Additionally I had cancer for 2 years while at this company and i STILLED worked, won awards, was a top rep. That is why I cannot understand the way they treated me. IT was humiliating, career ending, no one at my company would speak to me when I returned. The entire staff blackballed me because the KNEW that management wanted me gone. Management would not acknowledge ANY of this for almost a year. I wrote so many emails to managemnt and HR asking for them to review their own company policies and look into the retaliation and discrimination I was really SUFFERING through by then, LIKE I said, this is a very complex story. IT involves deceipt, money kept intentionally from me, FMLA violations, medical and I think Age discrimination since they gave my position where EVERYONE wanted me to be, my clients ADORED me and they were SHOCKED that they took, all my clients away and pretty much demoted me to a new sales rep, with NO book of business, starting from scratch. WHen it takes a year or TWO minimum to gain marketshare I already had, but replacing me with the girl HALF MY AGE, they are losing enormous revenue. I'm serious, I know its critical. That is how bad they wanted to get rid of me. Now, I'm too old, other Insurance companies are NOT going to want to hire me at my age, my former clients are AFFILATED with The Insurance company, so they will be pressured to NOT USE me. THey have hidden commissions from me and If they had just paid me, i would still have good credit and not be BROKE. Do you have any answers at all??

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer. Can you tell me when this all happened? Also, can you tell me what question you have regarding your situation?

Customer: replied 1 year ago.

The FMLA situation with my position NOT being protected happened within a week or two of my leave which began APRIL 1, 2012. I was supposed to be on leave for 6 weeks, but after finding that out, being ignored by HR, the money situation, not being allowed to talk to my clients I became REALLY stressed. Like I said, I lost almost half of my hair and 30 pounds, I was deverstated I thought that going on this short leave my DOCTOR insisted I go on (and the only time I ever allowed him to place me on a leave), especially after the 2 years hard work while on Liver Cancer treatment, it would not even be an issue at all. Apparently I was wrong. Once he found Out I knew about what he did, things seem to have asnow ball affect, I realy became an employee on LOA for the remainder of the time and they continued to try to make me pay them BACK the money they had paid me, which was incorrect because of them, and It was still 13,000 short of what I should have made HAD they followed their own company policies in the Handbook. The HR department did not get Anything RIGHT, and my manager just forgot I existed and wanted to act as if I did (which he did. . I had to start emailing and requesting informartion and resposes to the procedres I was following, unfotuantely the were not filling their side of what the handbook said. Because NONE of their own procedures for ALL of the issues I experienced were ignored by management and HR, I obviously suffered tremendously. My Doctor watched me go throught the worst year of my life and I still AM going through it My career has been taken from me. They were INTENT on making SURE I ddin't have one as well. There is backstory to all of this, I had left once to a competitor and althought they said I would fall flat on my face, I did NOT in fact I kept AL of my clients and tlhey lost them. THAT is when this situation with this manger started (I can see this in hindsight). HE HAD to take me vack and frankly he was NOT HAPPY about it, but beause he is responsible for the success of those offices, he had not choice.



I knew that there were issues with him for the past few years, did I THINK he was plotting a strategy tol ruin my career? Not at all. I did have their biggest clients and I know factually that my number one client and THEIRS did a back door meeting right before the terminated me. He was part of the deal for months previously, they my parent company that he works under offered him something he could not refuse. Plain and simple. I KNEW the day was coming, I knew they would have to have his consent to let me go. That is how important he was.



I WANT TO KNOW as I have researched this for months now and see different agendas from LAWYERs everytime I turn around. I can pretty well prove the FMLA thing, I can prove the intentionally and still are withholding thousands of dollars in income they should have paid me. I can truly show through medical records the damage this has done to me emotionally. Its severe I can call witnesses to back up my statements of how I was treated when I returned, how I WAS retaliiaed against for the FMLA remarks, he had no reason to take a successfully fullfilled multi million dollar position I have managed just FINE for years even while dying with cancer from me, BUT to take my seniority away, treat me like a new sales rep with NO CLIENTS, no ability to talk to my clients. Humiliating anyone in my industry and seen as very cruel to do to someone who was a really fiercly loyal employee. Trust me, I have had a year to keep reflecting , I 'm not as emotional as I was, but I.m on disability right now temporarily, I have no money, Ive lost my credit because of their miscalculations and inability to advise me of STANDARD COMPANY POLICIES



Even right now I am battling them over COBRA, I continue to pay for it and they continue to screw up so bad they violated those laws too. They sent in my paperwork 36 days into the 30 day MAX the government give a company to get the info over to the Plan Administrator, therefore the plan admin didn't get it to me in time, my isurance canceled me and STILL after oer 3,000 I have paid I have no medical coverage. MY level of frusteration is beyone tolerable, I am in pain from the surgery I need and they KNOW THIS, it cost me 900.00 just for one prescription I AM HAVING TO PAY FOR OUT OF POCKET.



I really just don't know WHERE TO START anymore, WHAT SHOULD I FOCUS ON WHEN I SPEAK TO A LAWYER??? HOW DO I KNOW IF HE"S A GOOD LAWYER?? I DON"T know how many of these things I should sue for is the question Which one should I use, should I use them all, are any of them going to hinder my overall success etc.


Expert:  Joseph replied 1 year ago.
Hello Denise,


I'm afraid I have some good and bad news.

Bad news first.

You only have 300 days from the discriminatory act involving FMLA to file a complaint with the EEOC.

They may be able to toll the statute of limitations for you, but, otherwise, unfortunately time has run out on that claim.

However, you have one year from the date of a discriminatory event to file a complaint for a violation of your rights under the Fair Employment and Housing Act and/or Americans with Disabilities Act.

I would recommend that you do that as soon as possible. You can file a complaint with the DFEH using the information available online here:

http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

The Department of Fair Employment and Housing will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

You should also file a wage claim for your unpaid commissions, which you can do using the information available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

You should take the steps above with the DFEH before trying to find an attorney to file suit, since an attorney won't be able to file suit on your behalf until you receive your right to sue notice from the DFEH.

Customer: replied 1 year ago.

Thank you for your response. I am aware of filing suits with the dfeh etc. I am considering what you say on the FMLA issue. IF I addressed the situation with the Manager in OCTOBER of last year where he treid to turnit around on the former Employee for demanding the job,that is what "Really" happened etc he said, (for which i Looked at him in astonished amazement at the ability to lie on a dime), bt wouldn't that give me until OCTOBER?? where as it was finally addressed with the that Manger and HR? Please advise.


I would very much like to know if I you think my case sounds strong enought to go to court. IS there ANYTHING I am missing, any information I will need to provide or is ther anything that hte COURT frowns on, that should NOT be addressed. I'm very serious about this lawsuit IT DID HAPPEN< IT DID RUIN MY CAREER, I did suffer extremely with anxiety and depression for over a year now, MY Doctor is appalled, he cannot believe what he witnessed. He very much want to testify to the damage it did me.


 


I told my former company (who continued to bully me because they know I'm financially ruined and stressed etc), that I am going to fight for my rights. I only WISH I could be referrred to a Lawyer that REALLY believes in your case and WANTS to sue and represent you when you do ge the Right to Sue letter from the dfeh.

Expert:  Joseph replied 1 year ago.
Well, it is definitely worth pursuing the FMLA case based on the later date instead of the earlier one as violating your rights under the FMLA.

Unfortunately, JustAnswer experts cannot make referrals to attorneys, but I can give you a few starting points.

www.lawyers.com

www.avvo.com

www.martindale.com

You should file the complaints immediately and then could address some of the more specific questions and issues about your case with your attorney.

You definitely have a good case, and I would advise that you pursue it, but it's necessary to go through the bureaucratic process first before you can file suit.
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks so much for the advise. I was just hoping that I could have a lawyer handle it all if you know what I mean. There are so many differernt issues that I have. I am very curious to see what the statute will be on the FMLA, I really did NOT have any response from the company every single time I mentioned I was concerened they may have violated my FMLA.


 


It was NOT until my first day back that I was able to look HR and the Manager in the eye and ask them directly. As I said, HE did not deny that it had happened, but blamed it on the former Rep who was our TOP producing Rep and ended up resigning soon after she was NOT given my offices. I think it is pretty clear WHY she was so upset. She thougtht she was being given the top clients and office at the company. I think she was extremely resentful. Thanks for the advise. I will open my cases immediately.


 


PS- One last thing, will the wage claim, if given an right to sue, allow me to re-coup my lost income For them loss of career and the income I would have made this past year?? OR any damages, because of the fact they DID not pay me in a timely matter, I lost my good credit score and have to file for BK because of the ongoing LACK of their paying me what is owed. Additionally, the billed me for insurance I PAID while I was on FMLA THROUGH my paystubs and the charged me for a LOAN on my final pay check that they did not have a right to. Should I mention those to the Wage People?


 


 

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