How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Allen M., Esq. Your Own Question

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15655
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

To whom it may concern, My questions is about how my employer

Resolved Question:

To whom it may concern,
My questions is about how my employer has this scoring system that measures and come up with what they call a beacon score that displays on graphic meter in our follow up system. Supposedly it is based of our process of following up with customers, but there are other veriables. For instance did you get and email or do the advertising suvey before or after the sale. The botXXXXX XXXXXne it is so complex and convaluted that now sales person can really have a chance to increase their scoring, because we do not know how every little thing we do and when we do it can possibly make your score lower. It is unfair to try hold sales people accountable for a process that they can see the measurements and the cause and effects of their actions. If this process is in place it she be clearly defined to be fair, or thrown away. Are they justified in having such a process, or are employees being unjustly measured and have possible recourse if this is used to determine their employment status in a right to work state like florida?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

How are they using this metric? Are they adjusting sales income based on the metric or just whether or not people maintain employment?

Customer: replied 1 year ago.

According to the call my manager got it would be employment for now, but possibly pay later knowing them. I feel it is unfair, because if your out sick, just plain busy, or off and forget assigned follow up for those days you can lower your score. My socre dropped do to being very busy for a couple of days and has veried as much 80 points over the last week. In this time I have been doing all my follow up based on what they call the processs.

Expert:  Allen M., Esq. replied 1 year ago.

Unfortunately, unfairness is not a factor that either state or federal courts consider when talking about metrics.

 

Nothing in employment law requires that an employer be fair.

 

If you could show that the employer's metric is some how skewed specifically to lower the scores of people based on their race, religion, gender, age, disability or FMLA use, then there would be an argument here. For instance, if they reduce a person's score based on absences that were protected by the Family Medical Leave Act, that would be a problem.

 

However, if no one is being singled out in that fashion, and everyone is being equally treated under this system (meaning that everyone has their scores lowered for the same sort of issues), then neither state nor federal courts are going to be concerned with this sort of system.

 

When I mentioned pay being changed, the only reason I brought up that issue is that, for an employer to alter a person's pay, they system for changes to pay must be clear and predictable for the employees. Again, it doesn't have to be fair....just clear and predictable. Unless and until they actually change people's income based on the metric, it doesn't have to even meet those requires of being clear and predictable.

Customer: replied 1 year ago.


Then if employment is at risk that would be related to pay in the mose severest of ways; would it not? Do I not have the right to keep myself employed and achieve the best possible outcome for me under guidelines clearly defined by an employer so they can achieve their goals. I know for me that the score was only brought because I questioned a change in our marketing by the the head of sales.I was just voicing my opinion to facilitate a conversation and explain mine and other sales peoples point of view. So for me, I the only one in my stores to be questioned.

Expert:  Allen M., Esq. replied 1 year ago.

Yes, but the FSLA which concerns fairness in pay, does not concern itself with terminations. So, while I appreciate the subtly of your argument, it doesn't legally work.

 

In Florida, you are an "at will" employee, which legally means that you can be terminated at any time, with or without cause. In that employment status, no you do not have the right to keep yourself employed.

 

An "at will" employee can be terminated for any reason or no reason at all, except for terminations based on race, religion, gender, age, disability or FMLA use. That list again, because the list is based on those statutes that actually make certain types of terminations illegal.

 

Legally, they could have terminated you for questioning the change in their marketing without using this metric at all. They legally could terminate you for liking the color blue too much or for preferring Snickers bars when Mars bars are the boss's favorite (I am not kidding here).

 

So again, I understand your question. I've practiced in this area of law for a pretty long while now. I sue employers for a living. The practice that you have mentioned is not illegal, on the facts that you have given to this point. If I could tell you differently I would, but I'm not going to lie to you here.

 

The employer, at this point at least and based on these facts, is not doing anything illegal.

 

 

Customer: replied 1 year ago.

Thank you for the answer. I will continue to document my experiences here. Since I have not been terminated for asking a questions to the sales executive in our supposed open door policy mentioned in our hand book to make suggestion for imporvements, I can only assume they are trying to drive me out and make me quit so as to not have to pay unemployment or face other legal issues. I will hang til they have to terminate me being one of their senior employees who does have a great sales performance. Then I will see my options in Maryland where the coorporation is based out of that owns us.

Expert:  Allen M., Esq. replied 1 year ago.

Yes, I would assume that if they wanted to terminate you, they would already have done so based on "at will" employment.

 

They very well may have established this metric as a basis to terminate people and then try to block their unemployment based on purposeful/intentional poor performance (at least, they could allege that). It's a failed effort, as their metric would then be subject to very high scrutiny by the state. While they don't need a good reason for termination, they legally do need a good reason to block unemployment.

 

 

 

 

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15655
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 9 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


There is no way to determine purposeful/intentional poor performance if you do not know how it is being measured to prevent the perception of that being conveyed in this metric they use. It is clearly diplayed, but does not offer feed back to where you need to improve your score. Since Maryland is not a right to work state as far as I know, then applying the same in Florida would only stand to demand a clear explanation of scoring and how to raise the score and apply the laws of Maryland here to apply equal opportunity and fairness to all employees of the same company. Why two sets of rule for one company?

Expert:  Allen M., Esq. replied 1 year ago.

I agree with that. I was not saying how they could successfully use it. I was making guess as to how they may be thinking they can use it.

 

Also, you work in Florida. So Florida law applies to you. The fact that they are headquartered in Maryland has no legal bearing on what employment law applies to you. Additionally, there is no requirement that an employer treat all employees fairly throughout their company when that company has employees in different states. This is why employment law attorneys have to establish different employment handbooks and methods for each state that the employer has employees in, and those guidelines different wildly. The law that applies, for each employee, is that law of the state in which they work.

 

Furthermore, the issue is not that Florida is a Right to Work state. That's a separate issue. A right to work state is simply a state that doesn't allow unions to have exclusive contracts with employers, giving non-union members the right to work.

 

The issue is that Florida is an "at will" work state, a completely different employment law. Maryland, while not a right to work state, is an "at will" employment state.

Customer: replied 1 year ago.

Thank you again for the clarification. At this point I would guess I am safe to get unemployment if that comes up based on a strong inability to block it by employers. If they should do something that would be considered offensive to me and not customary, or acceptable for an employer to do, or try to trap me in something, I will seek out your help at that point. Fitzgerald Auto Mall(JJF Management Services) is a company made of blood, brotherhood and black mail to succeed. If you are good, right and true like me and get in the way of one of the last two mentioned they run you over til there is nothing left.

Expert:  Allen M., Esq. replied 1 year ago.

It is their burden to establish a basis for blocking unemployment, something that is closely scrutinized. Based on that fact, it would be very difficult to establish a basis for blocking unemployment that is centered on performance.

 

Misconduct is the usual basis, with performance only rising to the level of being worthy to block unemployment if it can be shown to be intentional....meaning a person purposely did not perform when they could. Even when that is true, it is still very hard to show.

 

As far as unemployment is concerned, you're safe on this issue.

 

Take care.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.