:mad: After being referred by a non-profit agency, I started working in as a telemarketer on February 13th of this year. (I KNOW - ahhhh). As a recovering compulsive gambler with two felony theft (embezzelment) convictions, I was grateful to the department manager (I'll call her "Mickey") for hiring me. I realized very shortly that almost everyone there is in recovery, and was assured by Mickey that my recovery would be respected. Per my request, I was not entered into any raffle drawings, as this is a form of gambling. After being on the PM shift part time for only a week, I was transferred to the AM shift full-time.

As I have done this type of marketing in the past for another air conditioning company, I was able to pick right up on company information and was constantly praised by the "Sunshine", the AM supervisor, for setting appointments. In cases where the customer was hesitant or mentioned that they had to talk to their spouse, we all were often encouraged to set an appointment for the future, then mailing information to the customer for review, with no obligation to keep the appointment. This scenario worked on several occasions for me to set future appointments, and I had many of these appointments actually run without cancellation or reschedules. Sunshine even took a call from a potential client who, while she did not set a tune up appointment, will keep the company in mind for the future as her husband is going to possibly replace the unit instead of any tune-ups or repairs. This customer praised my “outstanding customer service skills.”

However, I did have several issues with the way the department is being ran. First, I am currently in a halfway house program, where I have been court ordered for well over a year. After my first paycheck was issued, my assistant director of the program informed me that the "Ditsy", the PM supervisor, informed her of my check amount. The two have apparently known each other for many years. I approached Mickey about this, stating that they had no authorization of any kind (either written or verbal), no signed release of information, and no permission to relay my personal information to my program. She agreed that the information should not have been shared, and said she would handle the situation. I realize the recovery community in my town is very small, so I asked her to please not use my name when bringing the subject of sharing personal information, as I did not want to cause any animosity in the workplace or in my residence. However, this is precisely what transpired with Ditsy. I felt she and others were persecuting me in the department. Conversations would stop when I was near. I was only praised by Sunshine for my work, and felt slighted and disregarded by Ditsy, not matter what my performance was.

My next concern with the marketing department was the company-sponsored promotion of gambling. Since several employees were allowed to play personally bought tickets during working hours, the company bought tickets to be issued as a performance incentive. As lottery tickets are expressly prohibited by my GA program, as a condition of my probation, MIckey told me that I would receive the value of the ticket ($2) as my incentive. In my recovery, I have learned the difference between earning a performance bonus, and being given a chance to win an item or any monetary value in place of earning a performance bonus. I questioned the moral and ethical issues of a company contributing to addictive behaviors at the workplace. Many addicts replace one addiction for another, and I saw this occurring in the marketing room. I do not feet this is a moral characteristic that Freedom would like to promote to its employees. Also, other employees voice their objections to my receiving $2 in lieu of the ticket, since they didn’t always win on their tickets. When the AM and PM shifts were officially announced as teams, names were suggested. When the name Team Scratchers was voiced, I immediately voice my objection, and the response from many was “It’s just a name – deal with it.” This was not the respect my recovery deserved.

I have been in recovery for over 17 months. I am on the State Intergroup Board for Gamblers Anonymous, a 10-member elected representative council for Arizona. I have truly been able to recognize those who are in recovery, making changes they need to in order for a better way of life, or those in abstinence, who do not make these changes and expect life to be different because they are not using. There are both types in the marketing room. However, an individual’s recovery should not be questioned or singled out because others don’t have the same mind set, as I feel I was during my employment. In a perfect world, these problems would be left at the door coming to work, but we do not live in a perfect world.

During all this behind-the-scene issues, I was still constantly setting many appointments. Per the numbers posted on Tuesday, March 13th, I had 19 units ran for the first week of the pay period from Monday, March 12th – Saturday, March 24th, and another 20 units scheduled for the remainder of the pay period. I even set 5 more units that Tuesday morning before the 11am break. Even with allowing for some cancellation and reschedules, I was on target to reach approximately 40 units for the pay period, equaling a $400.00 bonus per the memo issued by Mickey. Bounus started at 24 units at $150.00, and increased from there.

At the 11am break that day, I was called into the conference room by Mickey and Sunshine. I was told that it was management’s decision to terminate my employment effective immediately. My personal belongings were waiting on the table for me. When I asked for a specific reason, Mickey informed me that I was within my 90 day probationary period and a reason was not needed. I again asked why, stating that I was the second highest producer per the report that was posted. I was told that I was being terminated for “disciplinary reasons”; again with no further expansion of details. I was given a check for hours worked through noon that day, and was told that I should be appreciative of receiving an extra hour of pay. When I asked about my performance bonus, I was told that the company did not have to pay since I was now terminated.

On Friday, March 23rd, my probation officer informed me that the reason for my termination given to him was for “setting false appointments”. To my recollection, I had possibly three or four appointments cancel with Do Not Call inserted in the comments. As cancellations and reschedules are inevitable in the marketing industry, especially in the heating and air-conditioning sector, I cannot understand this justification for my termination. This single comment had also now effected my reputation with my probation officer, with him questioning my motives behind setting false appointments. I assured him this was not the case, and I would like to see this statement by the company to be documented.

I feel I was personally wronged by my termination. With the sharing of my personal information by a supervisor of the company, the gambling issues I questioned, and personal treatment I received due to my recovery that others felt were unfair to them, I feel I was terminated for bringing forward these issues. I also have to question the issue of my bonus on target to be very large for the pay period, while still a new employee.

After the conversation with my probation officer, with my professional reputation being questioned, I could no longer in good conscience let unresolved matters with this company continue. I felt I must bring these issues to the owner's attention, and I also formally asked for the bonus I earned, to be documented by my sales chart and a computer generated outcome of all appointments originally made by me. When I asked for this chart during me termination, as well as company documents that were given to me during my employment, I was informed that as I was no longer an employee, I was no longer entitled to these documents. I am also asking for a letter detailing the reason for my employment, with documentation to prove any wrong doing on my part.

I sent a very similiar letter to the owner, and have gotten no response. Do I have any recource in the clearing of my name, or even of getting the $400?

Allow me to shorten this post.

At the 11am break that day, I was called into the conference room by Mickey and Sunshine. I was told that it was management’s decision to terminate my employment effective immediately. My personal belongings were waiting on the table for me. When I asked for a specific reason, Mickey informed me that I was within my 90 day probationary period and a reason was not needed. I again asked why, stating that I was the second highest producer per the report that was posted. I was told that I was being terminated for “disciplinary reasons”; again with no further expansion of details. I was given a check for hours worked through noon that day, and was told that I should be appreciative of receiving an extra hour of pay. When I asked about my performance bonus, I was told that the company did not have to pay since I was now terminated.

Let me check this out,the rest of it is not to relevant,another poster may dig something important out of the original. However this what I will check out.
JoeC

I suggest cutting this whole thing down considerably as only insomnia has me reading the whole saga. The posters here are all volunteers and when confronted with a whole long post. most will simply move on to the next one.

That said, absolutely nothing at all you posted is in any way illegal. Gambling addiction is not a protected class. They made accommodations for you so that you did not have to participate in anything that you opposed. Frankly, what others do is not your concern. Most of the population can handle raffles, lotteries and the like without any problem at all, and it is not your place to try and impose your personal views or issues with this on everyone else. To force the entire company to alter its incentie program to suit your personal preferences is unrealistic and certainly not required by any law.

Also, while it isn't the best idea to share with others what your wages are, it is in no way illegal for them to do so. Heck, my salary is published annually in the newspaper. If you complained about her after only being there a very short time, you aren't going to make her top ten list anytime soon. This is also not in any way illegal and it happens. There are going to be those in your workplace who you do not get along as well with as others. You just have to deal with it.

I see nothing illegal at all in letting you go in light of your issues there in such a short time, on top of the cancellations that seem suspect. Your employer isn't obligated to prove you did anything dishonest, as they are not a court of law.

You are not entitled to a letter that states the reason for termination, nor can you force your employer to retract or change the reason they have given. You are also not entitled to copies of the reports you want as those are company records. As for the bonus, it depends on how the bonus plan was set up. Did the policy state that you must be employed at the time the bonus is due in order to receive it? It sounds from your description that you haven't yet earned it but might have had you not been terminated. In that case, you would not be eligible for it. You can always contact the state DOL and ask them their opinion as well.

Ok this took some digging Arizona does have some good employment laws codified. It is known as the Employment Protection Act. It seems the employer can terminate with in 90 days if that is what is stated in their handbook,or other policy.

ARS 23-1501
The public policy of this state is that:

1. The employment relationship is contractual in nature.

2. The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph. Nothing in this paragraph shall be construed to affect the rights of public employees under the Constitution of Arizona and state and local laws of this state or the rights of employees and employers as defined by a collective bargaining agreement.
Now as far as the bonus that is covered here:

23-355. Action by employee to recover wages; amount of recovery

If an employer, in violation of the provisions of this chapter, shall fail to pay wages due any employee, such employee may recover in a civil action against an employer or former employer an amount which is treble the amount of the unpaid wages.

If the bonus is considered part of the wages,you have recourse in a civil action.
My advise contact an employment attorney in AZ, familiar with bonuses,and wages. As far as the termination being wrongful under Employment Protection Act. He could answer that as well, an attorney will listen to the long story,as well as ask more questions. So print the long story you wrote here ,and bring it to intake if an attorney excepts you as a client.
JoeC

Codes provided Courtesy Arizona State legislature website.

zzzzZZZ.... that must have been the longest post ever…

Your employer can definitely terminate you for any or no reason during your probation status. I don’t see the reason why requesting copy of your employment records was denied. And for the last part of $400, you are entitle to the commission cuz you have earned it from sales you made, you can file wage claim with DLSE on that.

Of course, droopy, the OP is in Arizona, not California, so if anything, it would be the Dept. of Industrial Relations. And Arizona is not as strict on "earned" commissions as California. But, the OP has nothing to lose by contacting the state dept.