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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 34941
Experience:  Employment Law Expert
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Is it illegal / wrong / actionable if an employer shows

Customer Question

Is it illegal / wrong / actionable if an employer shows gross favoritism to a specific group of salespeople within an organization where everyone is on straight commission or should sales opportunities be handed out in a verifiably fair and equitable manner due to the fact that everyone earns their living on a commission basis?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Is the employment agreement "at will," union, full time or part time?
Customer: yes, at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: that question is the central question of my complaint
Submitted: 2 months ago.
Category: Employment Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

This depends...can you tell me, what is the reason for this disparate treatment? Why is the employer treating one group differently?

Customer: replied 2 months ago.
There are several reasons, one is the fact that the company went and doubled the sales force in three months flat and the "senior" salespeople have gone from making obscene amounts of money to simply ridiculous amounts of money, there is a lot of favoritism and nepotism (ie brother of the sales manager racked up $500,000+ in sales volume in 1 month, earning him $70,000+ dollars which was almost twice the sales volume of any other salesperson that month). It is very easy to determine how good a "lead" is before an appointment is handed out and the sales managers have used this tool to pick winners and losers.
Expert:  P. Simmons replied 2 months ago.

The issue here will be IF the employer is treating one group of employees differently based on a protected status. A protected status would be race, gender, ethnicity, national origin, etc. You can see the entire list here

If they are treating groups differently based on a protected status? That violates the law and could be a basis for an illegal discrimination suit.

Otherwise, it is not illegal

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.