[smoothy]

Here is something one of my neighbors asked me about over the weekend.

Here is the Situation. They work for a bank. In a branch that had mostly business accounts... not many personal accounts... and not a lot of foot traffic.

The Bank recently increased the quotas REQUIRED for selling services and products to the bank clients that all staff were required to meet.

This Bank actually provided NO sales training to people working in non-sales positions. And what little coaching they had was a half hearted attempt that lasted half a day by some one more concerned about maintaining her own position by NOT giving out much useful information or help.

They were on probation for not meeting sales quotas... which was specifically in the written reviews as not meeting expectations for JOB PERFORMANCE.

And when they were terminated, (halfway through the probationary period) it was for job performance due to not meeting sales goals. Their application to collect unemployment compensation was rejected because the bank told the Unemployment office they were terminated for and this was in BOLD letters... GROSS MISCONDUCT.

I told them to appeal that finding as they have copies of everything including their own reviews... and the employer is required to present proof there was misconduct.

I think they have a case for defamation because

#1. THere was never a misconduct incident... or writeup ever. And have copies of reviews to prove it.

#2. The eren't terminated for Misconduct, they were terminated for not meeting sales quotas, due to no fault of their own. This individual had 20 years in the banking industry, never worked in a marketing position ever, and sales only became an issue recently. They have a long and good work history at 5 other Banking Institutions.

THis is in the USA... SHould not matter the state, but its In the District of Columbia which is actually a very pro-worker area. The Bank actually is one of the larger ones with a National Charter. I'd love to toss out their name but I am leaving it out at this point. They are counting on the unemployment checks to pay bills until they are able to find a new job.

I trust this person that came to me implicitly... I've known them for a LOT of years. And yes I did see these reviews, so they exist and none mention any misconduct ever. Only job performance related to not meeting sales quotas.

[CravenMorhead]

In my gut I would say that have a good chance. When they take it to court the bank will probably fold. It is a little bit of shady play on that bank but a lot of businesses do that. I worked for a major pet supply retailer in Land of Western Canada in their IT division (Another joke and frightening to see their practices to say the least), and I worked out a back up system that would remotely grab important information and archive it on a server in the head office. I saw a few of the employee records, specifically my girlfriend's at the time. She quit, handed in a letter of resignation and everything. They tossed that can the records showed that she was fired with cause due to attendance issues. I don't think that it affected her at the time but I can't help but wonder how many other people had their employment records falsified like that.

Regardless, how is this person intending on paying for the lawyer if they needed the unemployment for bills? I hope the bank pays the piper though.

[AK lawyer]

They can appeal the UI determination, but I suspect that a defamation action won't fly. My guess is that there is a qualified privilege for making a UI report like this. And if it is determined that they cannot claim the privilege (because of what may amount to intentional misstatement of the facts), there would be no damages (assuming they successfully prosecute their appeal).

[smoothy]

That's what I was thinking... odds are they are going to win the UI appeal because they were NEVER written up for misconduct. Therefore there can't be any proof to present, And if they win that appeal it becomes a moot issue, being no monetary loss.

I do know one thing... I happened to bank with this same bank... and as much of a pessimist as I am... I absolutely believe everything they said was true and accurate. And I've reconsidered wanting to do business with a place that does that. Wife said they are all the same, what difference does it make.


I am of the opinion... anyplace that has screwed myself, a friend or family member. Has a big demerit on their scorecard... putting them behind the others who have done nothing yet. The differences and offerings between one and the next aren't that great to begin with, and if one would stoop to that... what else might they try next?

I know they have cash assets in the low 6 figure range....plus a mortgage with over 80% equity....so they are a net asset to the bank for them to be there., not a huge one...but an asset just the same....

Told them I'd also write letters to the CEO and board of directors ( I like doing stuff like that and have before) naming the manager and tell them roughly how much they are loosing to the competition. Might not accomplish anything (impossible to shame someone lacking a heart or soul)....but for the price of a few postage stamps... it would make them feel better for a little while.