ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

When Employees Changed Policy

Updated on July 18, 2014
Source

Your average working class employee can go their whole life without ever knowing if they made a difference where they had worked. But there was one opportunity that I was able to witness where the employees told the leaders of the company that they have had enough. They wanted to be paid for the time and effort they were putting in to make their company succeed. The ball begin rolling when former coworkers of mine filed an class action lawsuit against Teleperformance for many violations against them due to their labor practices they had in policy.

This lawsuit was filed on May 16th, 2008. It was labeled as Paula Self, Linda Duncan, Sheri Kiddy, Leslie Demull, and Timothy Van Hoose Individually and on behalf of others similarly situated VS. Teleperformance USA, INC., Teleperformance Group, Inc., Teleperformance, a corporation. As you can see this isn’t just a few disgruntle employees getting back at the company that may have been fired from. This complaint spanned over 12 states and included at its peak time over 2000 former and current employees of this company. During the course of this article I will relate some of the charges that are stated in the lawsuit, the efforts Teleperformance took to make it disappear and the justice that the employees felt at the end when they won the lawsuit.

Source

The following excerpt is what I received when the lawsuit was opened explaining to me what I was involved in, “On May 16, 2008, a group of current and former Teleperformance employees filed a collective action lawsuit alleging that Teleperformance did not pay employees for overtime and other non-overtime work. These employees hope to recover alleged unpaid wages and overtime wages. The lawsuit by these employees seeks collective and class action treatment, but, as of this time, the Court has not certified a collective or class action. These employees allege and believe that Teleperformance, including CallTech Communications, LLC, a Teleperformance company, unlawfully denied them wages to which they were legally entitled. These employees filled this lawsuit on their own behalf, and also a collective/class action on behalf of other former and current Teleperformance employees.” (Brar, 2008)

When I received this message I whole heartily decided to support this claim. During my tenure with this company it was my job as Mission Control Supervisor (which means I was the one making sure they were getting paid for their work and not if they weren’t obeying the policies) to penalize these agents for the smallest of infractions; If their computers went down I made sure they were logged off. If they needed to go to the bathroom, I made sure they were logged off and so on. It was my job to short these agents as much as I can in following company policy and if the employees had any problems they had to talk to their supervisor. This extra step to get paid for things that you should get paid got frustrating for many employees.

Source

With the complainants reaching 20 points of interests that contradict with the Federal Labor Act, I will take some time to go over some of those points that I personally witnessed Teleperformance looking the other way so they can save a buck. In this lawsuit they characterized the complaints in three categories pre-shift, continuous workday issues and post shift issues.

Keep Fighting

Within the pre-shift category there is a point that I would like to quote from the lawsuit. This one I saw on a daily and often hourly basis. “Defendant established a system by which the CSRs were considered “late” if the CSRs were not fully logged into the Teleperformance computer system by the official start time of the shift, thus requiring the CSRs to report to work early in order to perform any necessary preliminary activities prior to “being fully logged in.’” (Brar, 2008) This was actually written in their policy and you studied it while you were in training. They were literally telling you to come to work early and not get paid for it while you logged on, with sometimes that logon took 15 to 30 minutes. Strike One.

Stress At Work Could Be Bad

Within the continuous workday issues I would like to quote the point, “The CSRs were given a limited permissible amount of time between customer service calls; for example, 40 seconds (this time was referred to as the “after call work time,” or “ACW time”), and Teleperformance did not pay the CSRs for any “ACW time” that exceeded the prescribed time limit, even though the ACW time occurred during the continuous workday, and even though work-related activities were performed during that time, such as taking notes, talking to supervisors, etc.” (Brar, 2008) During this time was my main responsibility it was my job to log them off the phone if they took more than 40 seconds to get ready for the next call, no matter how hard the previous call was. There were people that I knew that got fired because they occurred to much ACW; that is trying to take notes, reboot a program, or even take a breather between calls. According to the brass they didn’t need more than 40 second’s in between calls no matter what. Strike Two.

The post-shift issues aren’t as extensive as the other two, but still violations of the Labor Act. “Teleperformance established a system whereby the shift officially ended (for purposes of compensation) at the moment the CSRs were no longer actively logged into the Teleperformance computer system, and did not pay the CSRs for necessary work performed after that moment (such as fully closing down the systems, conversations with supervisors, turning in paperwork, etc.).” (Brar, 2008) Through the course of the average day at the call center I would end up having to close the center at night. The call center manager would have agents stay after their shifts to help file paperwork, turn off computers and sometimes vacuum, all with the hope of they will get paid for it. But when it came time for them to get paid for their work the sheet that had “their times” somehow ended up missing. Strike three they are out.

These actions that I witness weren’t just things that were happening just for a few months, they were policies that had been in place for 10 years. Teleperformance willfully disregarded the right to follow any practices of proper labor acts. Because their mentality was who would tell. Well in May of 2008 someone told and the Utah Courts listened.

Source

These agents that filled this lawsuit came to court prepared; they had their times that weren’t paid for, any infractions that were against them all to go to battle with the high price lawyers of Teleperformance. This trial went on for over two years no matter how much evidence these agents came to court with Teleperformance never admitted fault. They filed for a motion to dismiss three times. But they wouldn’t quit, it was their goal to not only get the money they were due but to make sure that no one else wouldn’t have to go through the same thing they did.

Source

The courts finally ruled in their favor on May 28th, 2010 for over 4 million dollars in damages. It wasn’t a number that would cripple a company like this, but it sure made an impact, polices have been changed as far as how agents would get paid. In most centers they have a electronic time clock that the agents use every time they need to do work while not being logged into the phone system. The moral of the centers also are now more positive because Teleperformance forced their managers to go through training on how to handle these new polices that will be put into place.

Even though I will never work for this company again I will always be proud that I was able to see changes like this go through and to be there to see positive things like this happen.

Comments

    0 of 8192 characters used
    Post Comment

    • Cory Tarwater profile imageAUTHOR

      Cory Tarwater 

      4 years ago from Orem, UT

      That is sad to hear. I guess not even class action lawsuit will change people's minds in the end. Somehow they got my contact information and wanted me to come work for them. I told him no thanks I wanted to keep my sanity. This was a fun experience to go through. Showed me a lot, on how to really run a business the right way, not the teleperformance way.

    • profile image

      amanda 

      4 years ago

      i left this place in 2012 and was there for 4 years.. nothing has really changed

    • Cory Tarwater profile imageAUTHOR

      Cory Tarwater 

      4 years ago from Orem, UT

      It was a great experience to be apart of. Thanks

    • profile image

      barbara Rucker 

      4 years ago

      Yikes! Thanks for sharing

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)