My fiancée has worked for the same company for 2 years. She makes both salary and commission but the company has grown so they have begun cutting in on how much commission the employees make. Last year, my fiancée dealt with a sexual harassment situation at work, where she reported someone harassing her, but since then her own supervisor has always treated her differently. He felt she was stirring up trouble by reporting it. She is on a team with 12 other employees who all have the same job description yet they took her aside last week and told her that they were setting higher sales goals for her, higher than anyone else on her team. For example, they do these web site demos to bring in new customers. Everyone else on the team is expected to do 3 a day but they have her at 8. It appears they are trying to force her to quit or make it so they can fire her for not hitting expected quotas. Other than people saying she should quit, is this some kind of form of discrimination?
2007-06-21 08:37:12 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If she filed a sexual harassment complaint prior to this, this action COULD POSSIBLY be construed as retaliation which is illegal. Bear in mind that retaliation claims are pretty hard to substantiate. If she wants to proceed, she needs concrete documentation of the different standards and to rule out any other possible reason for the different standard (ie. she has more experience, longer tenure, etc). She can talk with an EEOC counselor for more info.
2007-06-21 08:52:36 · answer #1 · answered by jurydoc 7 · 0⤊ 0⤋
NO ONE can tell you if this is discrimination because we don't work there.
Even if it IS discrimination, determining whether it is ILLEGAL discrimination is beyond the scope of this forum.
The fact that she dealt with a sexual harassment issue previous to this is not proof of discrimination nor is her being female.
Regardless, to be able to file suit for any wrongful termination or hostile workplace issue, she would first have to file a complaint with the EEOC and wait for a "RIGHT TO SUE" letter before the court will entertain a suit.
If the employer is cited, they also have the right to correct the behavior which doesn't necessarily mean they have to do what she expects. Only what the EEOC will find to be fair. That could mean raising everyone else's quota.
That won't play well with her co-workers.
2007-06-21 08:46:20 · answer #2 · answered by hexeliebe 6 · 0⤊ 1⤋
Oh boy would I be consulting a lawyer. Hope she is documenting everything because without that, she will find it awfully hard to prove anything.
If she can hang in there a little longer, I'd do it but if she's had enough, it might be best to move on so she won't have "fired" on her paperwork.
2007-06-21 08:49:45 · answer #3 · answered by KittyKat 6 · 0⤊ 0⤋
This new quota she is expected to complete; is it in writing or verbal? To make it 'legal' with the company standards, it would have to be in writing as part of her job; have her ask for this new quota # put in writing as an update to her job description. But, as you know, each business can 'create' their own rules. Definitely have her document, document, document. Who said what in as exact sentence as possible & what day/time, etc...
Consult with lawyor. Majority don't charge for question or 1st time consultation.
2007-06-23 10:10:07 · answer #4 · answered by Carole Q 6 · 1⤊ 0⤋
Maybe her salary is higher than the other people on her team so she is expected to produce more.
2007-06-21 09:11:03 · answer #5 · answered by mikehunt29 5 · 0⤊ 0⤋