Legal Question in Employment Law in California

''Subject to Corrective Action''

A group of Sales associates working ''at will'' for a large national company all signed contracts agreeing to be ''subject to corrective action'' if we did not meat our performance goals. None of the approx 10-12 employees hired in the last year met their goals, and all were disciplined except 2. The ones who were disciplined are all facing termination within the next two weeks. The goals do not seem obtainable and only a few of the Senior employees have met all the required goals more than once, but none have repeatedly met them. They are under the same written rules, but the ''corrective action'' (which is a misnomer and is really discipline, because no corrections are offered, other than do it) is not being meted out equally. Does this violate any Fair Labor Laws or practices? There are about 6-10 of us wanting to file a class action suit against this company for Disparate Treatment. This company is Nationwide and employs over 90,000 people. Is there any hope?

Thanks,

Mark


Asked on 1/09/09, 8:08 pm

2 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: ''Subject to Corrective Action''

it seems that there maybe a wage issue in this in that if no one can get bonus it is unfair almost fraud.Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 1/12/09, 6:17 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: ''Subject to Corrective Action''

Mark,

Geographically, you are not far from me. I do employment litigation and I would consider exploring your case with you. If 6-10 of you get together, you have several advantages, which I can discuss with you if you have a few minutes. Please give me a call.

Regards,

Daniel Bakondi

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Answered on 1/12/09, 6:32 pm


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