Favortism in the Workplace- ossible age medical discrimination

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Mark102350

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Your valued time and consideration is greatly appreciated!

I believe that I am experiencing favoritism and mental harassment in the work place that is costing me 2-3k/mo. not to mention the mental anguish, anger, and frustration! I am 59 and under employed wasting my knowledge, experience and skills stuck in this low level job.

It is a bad marriage -I need expensive drugs to keep mobile. I have 6 years before I can get Medicare. I have many years experience with an MBA. This is my third call center and I am familiar with telemarketing systems. I will not quit like others have – I need my benefits – i.e. unemployment and 65% of my COBRA paid while looking for another opportunity. Do to uneven playing field and low applications on my record –I cannot transfer out!! Of course I have been looking like many others – If I find something of same or better opportunity – I will leave and file suit if I have a case.

Quality leads are being given to favored people. I have been told that we are all calling from the same list –this maybe but quality leads are filtered and given to others. I have no documented proof that this is being done – but there is no other explanation on how someone i.e. P. T. can put in 44 applications in 20 hrs and I only 11 in 40 hrs – This work is not brain surgery nor does it take any extraordinary selling skills which they claim P.T. has. (Golfing buddy of Supervisor who can control dialer and filter quality leads to him).

How do I determine if I have a case and prove what is I believe going on? I have seen people go to HR with no success –I do not trust HR just as I do not trust management. For the past 3 years I have seen them flush good people - by frustrating and encouraging failure to the point that they quit with no unemployment benefits - which I am sure they pride themselves. This in itself looks to be the financial institutions corrupt strategy.

Production is based on applications and bookings. Quality applications produces more and better size bookings and greater commissions for the favored – These so called producers are held up as superior (some to there own embarrassment) – I trained one of them – they create these great producers thru their unfair management practices.

As a result of providing better quality leads to favored people they consistently get more quality applications with greater opportunity to book - assuring their employment and making them more bonus dollars and costing me.

I have documentation and notes of various instances that are indicate inconsistent and unbalanced instances.

I am doing the best job I know how given the situation – I have been tolerating this for three years. Last January they put me on probation – my numbers did not change – they did not terminate for poor production – probably hoping I would quit – I told my immediate supervisor at that time S.P. that I would not quit and they left me alone. I can not afford to quit nor will I due to denial of unemployment benefits if I resign. I will not go to HR –I do not trust HR. – I will go if it is necessary to make or prove a case but only with an attorney.

When and if they terminate me for poor production do to poor leads – I will get my unemployment and then file suit, file grievances to EEOC or do what ever it takes to expose their game of deceit and discrimination.


Can this be a case of Harassment – by starving me out and demotivating me to quit???

They also seem to enforce rules discriminately with their own interest in mind????
A former supervisor S.P. told me management looks the other when it comes to some one who is a good producer. I told S.P. during coaching while listening to P.T. that he did not read the compliance disclosure properly.) He (S.P.) is no longer with the bank. I can contact this person if needed which I will do for my case when and if terminated!

In order for it to be a FAIR workplace should not all quality of leads be distributed randomly and equally to everyone in the same department with the same job description,
and same compensation/bonus plan. If it may not be fair and they do not give me an equal opportunity to reach my goals to make bonus and keep my job –can they do this because I am an at "will employee" and they can do what they wish?????

In your opinion do I have a case?

I want to seek compensatory and punitive damages. I understand that this could be as much as 300,000 +


Look forward to hearing from you!

Sincerely,

Mark
 
Favoritism isn't illegal.

There is no legal requirement for employers to treat their employees fairly.

There is no way to determine fairness, legally, anyway.

Harassment, per se, isn't illegal, either.

For you to bring (and subsequently, prove) a discrimination in the workplace charge, you have to be a member of a protected class.

Your age bears that out.

I don't see any other relevant factors, related to age discrimination, other than allegations of preference, as regards others co-workers.

You could always consult with a local labor law attorney. The initial consults are normally gratis.

You could also speak with your state's equal opportunity agency, or the federal EEOC.

I feel your pain, unfortunately I'm unable to offer you any encouraging legal solutions.

I can only add, that as an educated professional, you're now experiencing what has been done in our country to low wage and unskilled workers for almost three centuries.
 
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