Different rules for different employees

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Different rules for different employees

Post  Sara on Tue Sep 14, 2010 10:28 pm


I work in sales and feel I am being treated unfairly with a different set of rules then the rest of the sales staff. We have 4 sales reps 3 work on 100% commission and are able to come and go as we please (outside sales) one staff member is paid an hourly rate and recieves a lower commission and must be in the office M-F 40 hours. She is also paid to attend and work at events we participate in around town. The rest of the staff is not paid but must work the events. We are all making less then her currently because the economy has greatly affected out business. I feel the one hourly staff member is being given a majority of the leads that come into the office (via phone). I believe this is because they are trying to make up for the money they are losing as she is not selling as much as her monthly salary. Other sales staff feel the same way. The new rule that have started is you must be in the office in order to get a lead, they will not call you or email you the persons contact info. I am primarily the main person who works from home and therefore I will receive no leads. I have a small child that I care for during the day but I have a home office and am able to work. They have been fine with this arangment. I cannot afford to hire a sitter on the low wages I am currently making. With the above said my main complaint is that we have a claimed list, where sales reps mark down the businesses we are working with and we are given a certain amount of time to close the deal, then one last chance to extend the deadline if we are making progress. I have lost several accounts recently because I failed to extend the expiration date. I was going to conitnue to work on the accounts for another 30 days. My boss said "To bad another rep claimed them and they are no longer yours" ( a different sales rep, not the hourly) even though I had forwarded emails I had with the client that they were going to close any day. Fast forward a week later a similar thing happend with this same rep that "stole" my accounts. She said someone called in on an account I had claimed and she sold them something and my boss said it was ok. Even though it was clearly claimed. My bosses back her and said to bad for me. Even though they have made it clear that you must have an account claimed in order to work on it, in fact the same exact day that this happend that was discussed. This is one of many events that have taken place and I feel I am being treated unfairly and by a different set of rules. This makes it very difficult for me to make money since I am 100% commission and accounts are being "stolen" from me in my opinion. I was verbally attacked by this same rep in a staff meeting for stating my feelings about being treated unfairly. I feel very uncomfortable in my work environment and I would like to resign. I cannot sleep at night and I am very stressed out. However I am scared I will not be able to qualify for unemployment. I have been unable to find a similar position that I qualify for. I have worked there for 6 years. According to what I have read you can quit a job and get unemployment if you have a good reason. Please let me know if this is legal treatment and if you think I would be able to qualify for unemployment. I live in California. Thanks

Sara
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Re: Different rules for different employees

Post  JoeC (McGruff) on Tue Sep 28, 2010 1:28 pm

It is true you can quite your job and collect unemployment but the threshold is very high, and most states have watered that option down so I would not try that one. I have to be honest sales is a tough racket and there are odd pay rules that deal with commission etc, that I am just not familiar with enough to say you (and the other three) are being treated adversely or not.

The weak leads you are getting the employer could easily argue a good sales person can sell with the leads they are given, and the employer can give the stronger leads to the hourly employee to cover her hourly rate, as a legitimate business reason. You pointed out yourself that the employer has taken a hit during the downturn and adjusting his business to meet the reality of the current economic climate.

Have you spoken to any employment law attorneys on this matter?

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Questions

Post  Eric on Tue Sep 28, 2010 8:56 pm

For the original poster... Are you a woman and the other sales employees men?

Do you have any disabilities?

Are you a minority, ie: race, national origin, religion?

I'm trying to find out if you are a member of a protected class that laws are designed to protect.

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Re: Different rules for different employees

Post  Sara on Wed Dec 01, 2010 6:52 pm

Thanks for your replys. Sorry I did not get back to you sooner. We are all women I have no disabilities and I am not a minority. I have not spoken with an attorney. Since I posted I have met with my supervisor and my accounts were given back to me. Things are better currently but I am still being harrassed by the same employee and it is an uncomfortable work environment. I do have a new job opportunity that may be coming available so I may take advantage of that. Thanks for the info. As I suspected it would be hard to prove. I am not sure if I quit if they would fight me on unemployment or not. I had one other questions that I have gotten mixed reviews from. Can you quit your job and get unemployment for making far less money? I am currently making only 1/2 of what I used to make. Since I work on 100% commision I am not sure if I would qualify for that. I did some reserch and I would actually make more money on unemployment then working since I made far more money during the period they use to calculate the unemployment. It is very frustrating since I am so unhappy and working 10 times harder during this tough economic time to make 1/2 as much. I have heard or people getting approved if they were demoted or given a lower hourly wage but I am not sure on commissions. Also I am now given no leads, so I have to generate 100% of my own business. Thank you

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Answer

Post  Eric on Wed Dec 01, 2010 9:52 pm

If you are being harrassed you might have an action grounded in either a title VII hostile work place claim or a similar claim grounded in a state statute. I would seek legal counsel in order to determine if in fact you have circumstances that would merit going forward.
As far as the unemployment claim goes, these r state specific. You can call your unemployment department and ask the question. The worst they can say is no.
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