WOW! That's alot of questions and a whole mess of problems. Could we focus on the actual central issue, and if so, what would that be? I can address any one of those or a general question.
Thanks,
Len
how about 2 questions:
We are w-2 employees working on 100% commission in the state of Ohio and there is no HR dept. Is this legal?
One of us being harrassed with sexually explicit text messages from a previous employee who has access to our office. Does this fit the definition of sexual harrassment or hostile work environment?
I just wanted you to know that I am double checking some information, and I am working on this. You don't need to do anything right now.
OK, let's evaluate this situation.
The Sexual Harassment:
Unless you could prove that management was aware of the outside influence causing the harassment, this claim would not work. Under a sexual harassment/hostile environment claim, the claimant always has the burden to prove that that harassment/environment was either fostered or approved by the company.. What you could do is make absolutely certain that management is on notice about the problem. After that, the situation may change depending upon the company's response.
The Wage Issue:
The exemption under federal FLSA or Ohio law is typically allowed for "outside" sales persons. Your situation is interesting because it could be classified as inside or outside due to the internet based nature of the sales. I do think that this should be investigated further with a local employment lawyer. There is no substitute for that.
Under FLSA, inside sales people are not automatically exempt for purposes of minimum wage and overtime. Right now, you must be paid a minimum od $455 per week. If that amount is not being met, you could have a claim for overtime for every hour worked above 40 in a work week. Here is the Ohio statute webpage for minimum wage:
http://codes.ohio.gov/orc/4111
So, you need to consider filing a claim with the Ohio Department of Labor. Again, I would recommend that you first talk with a local lawyer to consider strategy, filing, etc.
The Overall Environment:
Look, if this workplace is this crazy, you need to consider looking elsewhere for emoployment. You also mentioned charges to cutomers that you question. This is not good. It is a gut check, and usually, there is a reason for such questions. Do you really want to be involved in this this? Do you feel comfortable going forward?
You really should consult with a local lawyer. Try to find one through reputation, not advertising. This sounds like a pot under pressure, and I do think it is time for you to seriously consider looking for another position.
I hope this helps.
Please press accept and leave some feedback when you get a chance.
Lawyer
15 years experience in employment and criminal Law.
Thank you for your answer.
Would you be able to recommend an employment lawyer for us?
I'm sorry, I cannot do that directly. However, I can give you some ideas. Try your state's bar association. They will have a space to request lawyers that specialize in employment law.
Also, I realy encourage folks to find someone through reputation. All lawyers have high expenses due to staff and overhead, but you definitely don't want to pay for advertising costs on top of that.
You do need help, and I wish you the best.
Don't hit accept again or you will be charged.
I really appreciate your help. I am in the process of getting referrals for employment lawyers in oiur locale.
We believe in this company's product and none of us want to loose our jobs.
We are planning on approaching management under the Ohio Whistleblowers Protection Act and present them with the opportunity to set things right.
Based on what I have learned about this act, we can prevent ourselves from getting fired.
What is your experience with Whistleblower Protection?
Obviously, it would be best to have a coordinated effort backed by a solid employment lawyer. Try and do that before demands are made.
I can't speak directly to the Ohio Act, but in general, yes, whistleblower statutes can be very powerful. This wil certainly give the employer pause prior to reacting out of hand.
Finally, the act of solidarity among the employees is likely to be your strongest aspect. So, make double efforts in keeping everyone together and on point. You will have many drop out of the picture. Keep that in mind, because it is just part of human nature when it comes to jobs.
Our entire sales team is onboard. We have seen too many come and go - especially due to no one getting paid for training and no one getting paid as they become familiar with the product.
Our COO just stated only yesteray - "offer the new hires a sign on bonus of $500 payable only after they have closed 40 deals. This way, many will drop off meaning we won't have to pay them".
I have seen former employees on the verge of being evicted or loosing their vehicles as they have tried to make this position work for them.
Thanks and I do accept your answer!
Well, you're certainly welcome. I really hope this works out, but I goota say that a comment like that from a COO reveals a great deal of the company's attitude. That really is too bad. Peaople come in with hope and are just being used to generate a few sales. I seriously doubt this company has any real concern for the employees.
Keep me posted on this. I'll leave the question open.
Hi Len:
We approached management Friday afternoon and voiced our concerns. We did disclose we were using the Whistleblower Protection Act to preserve our jobs and the jobs of everyone on the sales team.
The statute requires a follow up letter be presented to management recapping the meeting. I have drafted a concise letter, bullet pointing our concerns. The tone of the letter is empathetic and indicates we all want to contribute to the growth and success of the company.
My letter also indicates our ending the meeting with the reassurance no one would be fired
Question: Not all the sales team was present at the meeting. Can we consider them to be protected?
Question: I drafted the letter. Can I alone sign the letter, on behalf of the group, and keep everyone protected or does the statute require every member of the group to sign?
Take a look at my balance and let me know if your answer will require additional funding.
Thanks in advance!
Mi,
First of all, don't worry about hitting accept again, (if you do you'll be paying again, of course, if you choose to that's fine).
You do receive certain protections a whistleblower act, however, the inside sales people are not a collective bargaining group, (union). It is always possible that the sales people who were not there could not attend due to work, scheduling, personal needs, etc. For those that did not participate, it will be a factual question as to each one of them whether they actively sought protection under the act.
So, for everyone involved, (present or not), each person should sign the letter indicating their desire to have protection. Based upon your description of the letter, it would also be a letter of intent to work with the company for the benefit of all parties. Everyone should sign that would like to.
Take Care and keep at it.