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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12622
Experience:  Significant experience in all areas of employment law.
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I was threatened to have a decrease in my job title and pay

Customer Question

I was threatened to have a decrease in my job title and pay ( while on maternity leave ) for not getting high scores on customer surveys. However, these surveys are often misreported in our system or not fully filled out by customers. The surveys are sent randomly to customers by the automated phone system. Customers often report on the wrong rep as well. We are also given monthly bonuses for meeting this criteria. If these surveys can impact my monthly bonus, hourly wage and job, shouldn't the employer be held responsible for their accuracy? Do I have case against this company? Proving their inaccurately reporting on these surveys would be simple, but is it illegal?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 11 months ago.

In general, employers have no legal obligation to ensure fairness in terms of how employees are evaluated or compensated. The law only prohibits unfair employment action that is MOTIVATED by a legally protected trait (i.e. race, religion, gender) or a legally protected activity. Taking maternity leave is a form of legally protected activity, but that does not mean that anything that is unfair that happens to you while you happen to be on maternity leave is automatically illegal. You would need to prove that the REASON it was happening to you was BECAUSE of your protected activity. If your employer can establish that they would have relied on the same surveys in evaluating your performance even if you were to on maternity leave (which they can likely do unless you can show a pattern of them disregarding surveys) for other employees, then paying you a lesser bonus on the basis of the surveys or taking other adverse employment action against you would not be illegal, despite being highly unfair and the result of an imperfect system of evaluating you.

If you believe you can prove that this is happening to you BECAUSE you are on maternity leave, then it would be prudent to retain a local attorney who can demand payment of the full bonus and file a lawsuit on your behalf if that amount is not received.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....