Employment Law

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Is it illegal / wrong / actionable if an employer shows

Customer Question
Is it illegal /...

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?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Yes, at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That question is the central question of my complaint

Submitted: 1 year ago.Category: Employment Law
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Answered in 10 minutes by:
8/5/2017
Employment Lawyer: P. Simmons, Lawyer replied 1 year ago
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,716
Experience: Employment Law Expert
Verified

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

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Employment Lawyer: P. Simmons, Lawyer replied 1 year ago

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

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Customer reply replied 1 year 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.
Employment Lawyer: P. Simmons, Lawyer replied 1 year ago

Thanks
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

https://www.colorado.gov/pacific/cdle/discrimination-harassment-mistreatment

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.

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