Retaliation harassment and defamation of character

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Latest post Fri, May 13 2011 6:44 PM by MelissaT. 6 replies.
  • Fri, Oct 1 2010 11:00 PM

    Retaliation harassment and defamation of character

    I am an insurance agent and I recently was terminated for no reason because I requested to speak to the corporate office because the branch manager wasnt helping me with issues I was having at the office.  I have complained about harassment for years and  nothing was done about it.  He also allowed other agents to write business in my homes which is against company policy and spread lies to my clients saying I wasnt available or even I had quit.  When I asked the branch manager if I could speak to the corporate office about these issues, he terminated my contract saying it was employment at will.  Does he have the right to do this?  I did call the EEOC and I ask them if I was allowed to talk to corporate and they told me a flat out yes.  When I got home, I received a phone call from another insurance company and the only way they got my phone number is if this company called them.  This branch manager has cost me thousands of dollars in renewals for simply not doing his responsibilities.  Do I have any rights about this?  I tried to call an attorney and can't find anyone to help me with this.  I finally was able to contact the corporate office and the lady I spoke to couldnt believe what I told her.  I do have a job with the other insurance company but at the same time I have over 400 clients established and why should I have to start all over again in my career.      

  • Fri, Oct 1 2010 11:13 PM In reply to

    Re: Retaliation harassment and defamation of character

    "I recently was terminated for no reason because I requested to speak to the corporate office because the branch manager wasnt helping me with issues I was having at the office."

    What issues specifically?

    "I have complained about harassment for years and  nothing was done about it."

    What kind of harassment?  Unless it was sexual or based on a Title VII reason then there is nothing illegal about it.  Most harassment is legal.

    "When I asked the branch manager if I could speak to the corporate office about these issues, he terminated my contract saying it was employment at will."

    Was it an actual contract or an employment letter that specified your hiring terms?  If it was an actual contract you might have a breach of contract case.

    "This branch manager has cost me thousands of dollars in renewals for simply not doing his responsibilities."

    Nothing illegal about that.  Bad management:  sure.

    "I tried to call an attorney and can't find anyone to help me with this."

    Then they haven't broken any laws.  If no attorney will take the case then none exists.  Sorry.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sun, Oct 10 2010 6:53 AM In reply to

    Re: Retaliation harassment and defamation of character

    Does one branch manager have a right to stop you from going to corporate office on issues he is responsible for handling such as sexual harassment and agents selling to your clients which is against company policy?

    I had to start working from home since the harassment got so bad that I complained about it for years and nothing was done.   

    There is a possiblility of a civil lawsuit against the other agent for slander.

  • Sun, Oct 10 2010 8:36 AM In reply to

    Re: Retaliation harassment and defamation of character

    "Does one branch manager have a right to stop you from going to corporate office on issues he is responsible for handling such as sexual harassment and agents selling to your clients which is against company policy?"

    Yes.  Nothing in employment law states they have to allow you to speak to a corporate office regarding violations of company policy.  They are allowed to deviate from company policy when they want to.  Policy is binding on employees not employers.  The caveat is on the sexual harassment:  if the manager doesn't make it stop and denies you access to upper management to solve it then it would strengthen a case with the EEOC had you filed.

    "I had to start working from home since the harassment got so bad that I complained about it for years and nothing was done."

    Why did you not file with the EEOC regarding the sexual harassment?  You only have 180 days from the last incident to file a claim and then you are forever barred from doing so.  Had you filed with them you might have had a case for retaliatory termination.  

    In order to be able to file there has to be a minimum of 15 employees at this company.  Does your company employ at least that many?

    "There is a possiblility of a civil lawsuit against the other agent for slander."

    You should run that past a lawyer.  Many times what someone believes is slander isn't under the legal definition.  Get it wrong filing a frivolous suit and then YOU could be sued for slander.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Nov 27 2010 1:09 PM In reply to

    Re: Retaliation harassment and defamation of character

    I am an insurance agent and I was terminated at will by the insurance company that I had a contracted with.  The reason behind the termination was that the branch manager didn't do his responsibility and I requested to speak to the corportate office and he told me I couldn't do this and terminated my contract.  He allowed other agents to write business in my homes basically taking money away from me and this is against company policy.&n... This finally reached corporate office and they did an investigation on the matter and found in my favor and reversed the commissions.&... However, since I was terminated the company didn't pay me the commissions, and said they credited to my debit account even though when I left the company I didn't owe them anything at all.  My contract clearly states that I will receive renewal commissions if I was terminated for no cause which is my situation.  I have contacted the Insurance Commiss... Office in my state over the matter and informed me to contact an attorney over these issues.  I want to make sure that I will receive my renewal commissions and I need to see how I go about doing this.  I am now with another company and the book of business stayed with me but the company now that I work cannot clearly tell me if I will receive my renewal commissions because they have a contract and it still has my writing number and I am the agent of record but it still shows it with the company that I previously had a contract with

  • Sat, Nov 27 2010 1:13 PM In reply to

    Re: Retaliation harassment and defamation of character

    This is not a wage and hour issue that the state or federal DOL would handle.  You would have to file a civil  court action for possible breach of contract.

  • Fri, May 13 2011 6:44 PM In reply to

    Re: Retaliation harassment and defamation of character

    You've talked about harrassment and sexual harassment but not really described what it was that you thought was sexual harassment.   Other forms of harassment can be perfectly legal.  Your boss or bosses can be jerks and that is not illegal.  They can be unpleasant to drive you out of a job, and that is not illegal. 

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