I am insurance claims adjuster who is not paid hourly. The company has us working two computer systems and I question whether or not the job should be reclassified as non-exempt based on the identical tasks that we are now doing on the files. We are also doing administrative work. HR has indicated that I need to work as long as I need too to get the job done, but physically I can't work more than I already am. I've been told that it is not the workload but my productivity. Other claims individuals settle claims, send releases and close the file without having a signed release in the files so their closing percentage is higher and their pending is lower. Which I have evidence of. I have asked questions on the workload and how staffing is determined since an explanation was offered but no true explanation was given. I do not have evidence of age discrimination. I expect I will be replaced by two employees who may be younger than I and who may be paid less then I do. I have evidence that my manager said another office would assist during vacation, but that did not happen per his directive. My co-worker was added to the team last November he is 25 yrs old. He was told when he was transferred to the team he was going to be a Tier2 when he was added to the team. From Jan to April he & I were both Tier1's. I received more claims than he did. He was promoted in May when Mgmt allegedly found an unused Tier2 position from another office. But mgmnt could not replace the person who went on medical leave and they are still holding that job open. They could not get approval for another Tier1, now magically they found another Tier1 position and my performance has been escalated. Before this happened my mgr told me that even if they did get another position I would not be successful on this team. In May I had applied for another position in the company prior to this comment and was not interviewed. The day after my mgr made that comment to me about not being successful on the team another team was joking across from us and he makes the comment, Linda maybe you want to join that team. This is probably only just unfair and not illegal, but if they have done this to multiple employees does that not change things?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).