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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35379
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Im basically contacting you today for what I believe is wrongful

Customer Question

I’m basically contacting you today for what I believe is wrongful termination and discrimination.. I have been working for this telemarketing company for 8 months now. I applied to the job posted on craigslist by going to the business. In the job description it said customer service, no cold calling, no sales, hourly plus commission. I went and applied and of course got the job, due to my education background and extensive customer service skills. I was trained for about 3hours to process applications for loans. I obviously excelled at it because when he launched several new campaigns I was one of the first ones to test it even though they ultimately failed. Well about three months ago he launched a new campaign for a energy saving company where we cold called people on the asking if it was okay for this company to come inside their home and do assessments, which is totally cold calling and sales. I did well at this campaign as well, he launched another campaign which he put me on as w
Submitted: 3 years ago via ExpertLaw.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I think some of your comments and your legal question may have been cut off as your comments end rather abruptly..
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If you can continue with your comments and let me know what legal question I can help with today, I will try to help.
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Thanks
Barrister
Customer: replied 3 years ago.

I’m basically contacting you today for what I believe is wrongful termination and discrimination.. I have been working for this telemarketing company for 8 months now. I applied to the job posted on craigslist by going to the business. In the job description it said customer service, no cold calling, no sales, hourly plus commission. I went and applied and of course got the job, due to my education background and extensive customer service skills. I was trained for about 3hours to process applications for loans. I obviously excelled at it because when he launched several new campaigns I was one of the first ones to test it even though they ultimately failed. Well about three months ago he launched a new campaign for a energy saving company where we cold called people on the asking if it was okay for this company to come inside their home and do assessments, which is totally cold calling and sales. I did well at this campaign as well, he launched another campaign which he put me on as well. I did relatively well at that campaign too. This puts me as one of the very few employees able to run multiple campaigns at a time, there are only about four or five of us that can do that. He took me off of the other campaigns and put me back into the energy saving campaign which I wasn’t doing so well so I approached him and said ‘ I’m not doing so well and I’m worried about my future here, he said “ you have nothing to worry about you’re a valuable employee to the company and I didn’t hire you to do "x campaign” I hired you to do loans. So if you don’t do well at “mark group” I’ll find something for you to do.” Which I completely believed this because next door is where we send our loan applicants to and I noticed that sometimes when an employee isn’t doing well, he’ll send them next door to do the loans. Funny thing about it though is the only time I have seen him do this is for male employees only. I have never seen or heard him doing this for women employees. Weird right? On Friday I was speaking to a female co-worker in the bathroom and I asked her did she think that the company was discriminating against women, she said yes and me and her expressed our concerns to each other and I told her about an employee who just quit who had been there for 4 years and was not promoted to trainer like the male co-workers who have been under her. I said I was going to contact her as well as reach out to other female employees to see if they had any concerns as well. As we’re coming out of the bathroom I had seen the owner of the company by the door, he walks right behind us as we go back to our seats. I had called off on Monday due to doctors and dentists appointments for my son which my boss seemed perfectly fine with, which he says “that’s fine take care of your boy, we’ll see you tomorrow.” Since there is no merit system in place. Then today I come in and he hands me my belongings in a garbage bag and tells me he doesn’t need me anymore and that the mathematics don’t add up. Whatever that means…Do I have a case?

Expert:  Barrister replied 3 years ago.
Did you have any type of written employment contract for a set time, like 6 months or a year?
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Are you saying that the employer only transfers male employees over to the loan area and he just fires female employees?
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And that female employees are not promoted in the company at the same rate as male employees?
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Thanks
Barrister
Customer: replied 3 years ago.

 


There is no written contract for a set amount of time that I am to be employed there.


And yes I am saying that he fires both men and women however he will allow some men the option to move next door if they like it but sometimes they come back to work on his side if they don’t like it.


Women are not being promoted as fast as the men employees are.


When I was hired to work there, I was hired to process loan applications not cold call people and set appointments. He says the mathematics isn’t there which I’m assuming because I’m not producing adequate numbers for him. Isn’t that illegal? I’m doing my job the right way, I can’t control who wants an appt. He fired me for not doing well on a campaign he never initially hired me for, but he has people working that campaign who have less education and work experience and who have been hired after me.

Expert:  Barrister replied 3 years ago.
Ok, if you aren't under an employment contract, then you are an "at will" employee under Nevada law. What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.
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So there would not be anything illegal about them firing you for allegedly not producing. They can fire you for any reason they want as long as it is not based on a discriminatory reason.
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What is more concerning is the fact that they are gender biased and apparently favor males over females. This is illegal as you can't discriminate based on gender. If you think that your treatment was based on gender you may have an actionable claim against the employer.

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To make a claim against your employer, you must file a "charge of discrimination" with the EEOC. The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.

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The EEOC will investigate the complaint and if they determine a violation has occurred, they will issue a "right to sue" letter that basically says that they have found probable cause to believe that you have been discriminated against. Then you can contact an employment law attorney about filing suit against the company if they do not address it and remedy the problem.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.