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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111666
Experience:  20+ Years of Employment Law Experience
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I work major mortgage corporation as a licensed MLO & Branch

Customer Question

I work for a major mortgage corporation as a licensed MLO & Branch Manager. My immediate supervisor is not licensed & her job title is Operations Manager in the same office. She is not permitted to engage or use our loan application systems (encompass) or originate loans which she is doing & forcing me to share all my passwords or I will be replaced threating my position & mabe terminated. Management is aware she is not licensed & in violation because she is a good producer but can't pass the NMLS test. I'm very uncomfortable with the situation and work in fear of losing my position if I don't cooperate. I need to address the situation so I'm not in violation.
Please advise,
Anthony Latore
NMLS ID 674155
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Have you gone to management about the situation?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
Tina, I contacted management a
while back & she was upset and threatens to replace me if I won't cooperate or uncomfortable & as soon as she gets her license I will lose my position. I want to contact HR in a way not to threaten my job if you think it's the right move & need advice of what to say. Also my position requires many hours 7 days a week with calls from borrowers & agents with concerns & updates. I work with a minimum wage plus commission & when I complete my time sheet with overtime they are changed back to only 40 hours. Should I resign because of all my frustrations or contact HR or compliance and the Dept of Banking?
Expert:  Tina replied 1 year ago.

I see. Thank you for sharing this additional information. It sounds as though the company is engaging in multiple violations, including wage and hour violations. State law does typically protect workers who report violations, but before you report this employer, it would be best to first retain a local employment law attorney to assist you in protecting your rights.

Whistleblower lawsuits can be worth significant damages, but you must have significant proof of the violations, that you reported the violations, and that the employer retaliated against you because you reported the violations. An experienced attorney can assist you in gathering such evidence so you have a strong case.

It does sound as though there is a high risk here that the employer will retaliate against you, even though unlawful, so I would not take any further steps typically until you have retain a local employment law attorney. Look for ones who take employment retaliation cases on a contingency fee basis so there is no fee unless they prevail on your behalf.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 1 year ago.
I thought you would help me further, so I just paid a fee for you to refer me to another attorney. Of course
I'm not satisfied with your answer.
Anthony Latore
Expert:  Tina replied 1 year ago.
I will opt out.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a different contributor.
Your previous expert was right in that you need to report the violations to the state and federal banking authorities who control these mortgage companies. Second, you need to document in writing to the employer's corporate officers that she is demanding you surrender access to your passwords and the computer system, which is against the law and that if they take action against you for refusal to violate state and federal laws, then you will be forced to pursue legal action against them for retaliation.
An employer cannot force an employee to violate state or federal laws and if they terminate the employee for refusing to violate the law, then the employee has a basis to sue the employer for wrongful termination and also to collect unemployment benefits, since the termination would have been improper.