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Legal? Not a typical story

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PostPosted: Fri Aug 03, 2007 5:48 pm Subject: Legal? Not a typical story

Hello, first off let me say that I use to be from the dark side. I was a collections agent for a large bank. That was up until today. I was very good at my job, and very customer service oriented, I did not use harsh language or tactics that I always hear about. In fact I had many letters framed on my office walls from customer thanking me for the help. However as I said earlier I was called into an office and my supervisor and someone whom claimed was a VP, said they had to let me go. The reason was that I recommended to too many clients to seek out legal advice or use of a CCCS if all possibilities had been exhausted that the bank could provide.

After a lengthy discussion they gave me a final paycheck and a letter of recommendation. However does anyone know if this is legal? Can a bank fire you for telling clients to seek legal or CCCS advice?

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PostPosted: Fri Aug 03, 2007 7:08 pm Subject:

I think that falls under conflict of intrest. But that would be ethically wrong. I would seek legal advice from an employment lawyer.
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PostPosted: Sat Aug 04, 2007 5:21 am Subject:

I'm wondering if the statement "employee shall not, in the course of their duties, recommend any client of the employer to seek credit counseling or other such services in lieu of payment of their debt to the bank"...or something like that.

If there was no clear-cut rule saying you couldn't do that, I think you might have something to work with. The only other thing that might come into play would be if you were considered an "at-will" employee.

Our member, Finsfan, works in HR...hopefully she'll be along soon - she would have an interesting take on this, I'm sure.

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PostPosted: Fri Aug 24, 2007 6:56 am Subject:

I am so sorry that his happened to you. Unfortunately you were only doing a positive thing for your customers and it backfired on you. You need to contact an employment attorney beccause I don't think that is right.

How long did you work there? Well one good thing you can look at is they did you give a you a letter of recommendation, although that won't put food on your table at least it is a positive thing for your next job interview.

Keep us posted and others will be along to leave there advice.

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PostPosted: Fri Aug 24, 2007 3:49 pm Subject:

Quote:
Can a bank fire you for telling clients to seek legal or CCCS advice?


Yes. You can be fired if the employer thinks you are not acting in THEIR best interest (there are many reasons you may be fired, a couple that you may not be fired for--race/gender/etc...). You may have grounds to sue IF you can get an atty to prove the existence of an implied contract. You have no recourse with a governmental agency (your state labor board, or the DOL, for example).

File for unemployment, and start your job search pronto.

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PostPosted: Sun Aug 26, 2007 9:07 pm Subject:

Yeah if you worked for a state agency and they fired you good luck on finding an attorney in your area that would even want to touch that.

You would probably have to hire an attorney in a different town or even state that is licensed to practice law in your state. Been there and done that already.Sad

But do as Morningstarr stated and start collecting unemployment and look for a different and better job.

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PostPosted: Mon Aug 27, 2007 3:51 am Subject:

OMG and WOW!!! She/He is one of the good guys. We should all help this person in every way we possible can. What can I do? Just let me know.

thanks

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PostPosted: Fri Sep 07, 2007 12:01 pm Subject: update

thanks everyone for your kind words. I am back at the bank they called me this Tuesday. It turns out that kind words, and supportive collector gets higher results than a scare tactic one. They paid for the whole month I was gone, and never mention anything about why I was fired in the first place. They said just keep doing what you are doing.

When I came back I saw why they wanted me back. Recovery rate had dropped 15% and the repo rate had jump up 5%. If anyone knows the bank doesn't want your things they want you pay. Even if that means dealing with a CCCS, the cost to repo, sell, and paperwork is alot more than a 25% decrease on a monthly payment.

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PostPosted: Fri Sep 07, 2007 12:41 pm Subject:

LOL - good on you! I'm glad to see things worked out for you. Smile
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PostPosted: Fri Sep 07, 2007 12:48 pm Subject:

Good that your back and that they realize that you were an asset to the company. I would not say you were from the dark side. Collections is a necessary entity to encourage people to pay what is owed. The dark side are junk debt buyers who hire untrained thugs to collect for them.
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PostPosted: Fri Sep 07, 2007 1:08 pm Subject:

Obviously they knew that you were a valued employee and should thank the stars that you decided to go back to work for them. Glad to hear that.

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