working for a real estate firm that marketed my services for a fee and whom has decided after ten years no longer to market me and I think this is do to my age. I fell I am experiencing age discrimination.
Country relating to Question: United States
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QUESTION: "I fell I am experiencing age discrimination."
ANSWER: First of all, please allow me to take a moment and say that I am genuinely sorry for all you have been through with this ordeal. I mean every word of that, and I deeply regret the obvious serious obstacles occasioned by this situation. Accordingly, I am pleased to share some good news with you in that a solution does exist. You have a right to a workplace free of unlawful discrimination and/or harassment as defined by law, which are both categories specifically protected by federal law. When it comes to age, those 40 and above are afforded such protection as a class. In terms of taking action, the remedy prescribed by law is exclusive, meaning if you want to assert your rights and secure an authoritative and official determination as to your particular workplace, this is done through the U.S. Equal Employment Opportunity Commission. Everything you need is provided here for free: Filing A Charge. You have six months from the last incident in which to file, meaning there is still plenty of time to act. As the investigation unfolds, you may receive what is called a "Right to Sue Letter". At that time, you would confer with legal counsel about filing civil litigation (lawsuit in Court). As to your first step, however, that would be to file your claim as soon as possible.
Truly, you do deserve better treatment. I hope you see justice accomplished.
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Keep in mind that I am not actually an employee. I simply paid them based on the number of appointments they set up for me plus a fee for their services. This has been ongoing for about ten years. Is your answer still valid?
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Kindly just let me know if you are having any problem with submitting your favorable rating (acceptance) of my answer on the honor system. I would be glad to help out if so or ask our support team for assistance if needed. I mention this only because I have seen some confusion and the last thing I want is to see you encounter any frustration.
QUESTION: "Is your answer still valid?"
ANSWER: Thanks for the clarification and I apologize if I misunderstood. Please believe me when I say I am truly sorry, but I would rather be upfront and candid and hopefully save you even greater difficulties down the road. Unfortunately, the law I described does not apply in such non-employment situations.
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Really. It is much like a temporary service. They actually refer me to the client, make/set the appointment and then send the information to me to follow up and do the job. Just as one works under a broker as a Realtor and as such is treated as a subcontractor.. it is much the same except I don't share commissions.. I,in fact, pay them for the service. Not a lot of difference.
Hello again,Thanks for writing back -- good to hear from you.
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It was a pleasure interacting with you. I would like to wish you all the best and truly hope you see this matter resolved.
Take care and thanks again for choosing our service!
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Thank you for your question.Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.Please remember to rate the level of service provided by my answer only when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the CONTINUE CONVERSATION link (to the right of the ratings box) with the issue you have. I will be happy to continue further and do everything I can to provide you with the information you seek.Nothing in your questions or follow-up appears to bring the situation you describe into the realm of "employment". Self-employed independent contractors who make their own hours and choose their own methods and use their own tools, supplies and transportation just don't become employees of any service they might happen to use to identify leads.In a different setting, UPS some years ago tried to NOT have some drivers be "employees", but almost-famously lost a large Overtime *wages* case with hundreds (thousands?) of people who they tried to claim were independent contractors, driving UPS's vehicles and with UPS paying for all the fuel. Applying the "walks like a duck" test, the court, among other things, said that if management was controlling so much detail, including the order of delivery on routes (take Edison Street next, instead of skipping to the end and working your way back, for example) and right down to the color so socks they could wear, the *facts* and *level of control* equaled employee status, not independent contractor status.Many sales-type positions are much the opposite of the UPS case. Fair employment laws don't apply there.To get a definitive answer, you would need to have an attorney personally quiz you on ALL of the facts and factors which would help or hurt a potential case. That is more than what we can do here, and would take from 30 to 90 minutes to work out in a personal consultation.Thank you.BAB.
Twelve years of experience in employment law matters, representing both employees and employers.
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