Case Briefs

Examples of how ComplyAbility has helped others:

Case Study #1: A car salesman was fired for using his company gas card to fill his personal vehicle, a clear violation of company policy. The gas station called the car dealership to notify them that their employee was misusing the card. The employee filed an EEOC claim, contending that he was terminated due to his being black…white employees were able to use the company gas card to fill up their own cars, he claimed.

Management produced documentation from the system that showed the employee was trained, tested and understood the policy regarding use of the gas card. In addition, quarterly employee questionnaires that the employee filled out showed that he didn’t feel discriminated against. In fact, his comments on the questionnaire were “no – everything’s cool.”

Management was able to produce 12 questionnaires (3 years worth) where the employee stated that he was not discriminated against in his employment. In addition, there was documentation to the effect that he never reported any discrimination at any time.

Result: Provided with the employer’s documentation we have discussed above, the EEOC dismissed this complaint in 16 days. The documentation within the system was the key.

Case Study #2: A large national furniture retailer terminated a woman for cause. Immediately afterward, she engaged an attorney, claiming that she had been repeatedly sexually harassed (“hit on”) by her supervisor. Her attorney sent a letter to the employer advising that his client was filing an EEOC claim.

The employer, advised by our HR professionals, replied that they were interested in conducting their own investigation and provided a list of questions and evidence (of training and test results) in their quest to address the former employee’s claims (of course, with her attorney present). The questions were:

  1. Why did the employee, who took the training on the system (with testing), never complain about harassment?
  2. What about the system’s quarterly questionnaires? She indicated no problems on a quarterly basis for over a year.
  3. Why did the employee, who indicated understanding of the company’s policies, not follow them and report the harassment?

Result: After sending the letter to the former employee’s attorney with questions and documentation, the company never heard a response.

Case Study #3: A sales manager at a used car dealership feared he would be fired for poor performance, as his sales numbers were continuing to fall. It had been the practice of his employer to terminate the employment of low-performing salespeople.

In the quarterly questionnaire that is part of the ComplyAbility system, this employee indicated that he was being discriminated against due to his being Hispanic. His contention was that his employer wasn’t providing him inventory to sell so he was unable to hit his sales numbers.

Our HR professional, upon reading the quarterly questionnaire, contacted the employee directly and discussed his comments about discrimination. He found that the level of inventory was no different than it had been in the past. He also asked the employee if he had reported the discrimination to his supervisor, as is company policy, a policy he acknowledged understanding. He had not. The employee was asked if he had called the hotline to report this discrimination as is required by company policy. He did not.

Result: Our HR professionals, in speaking to the employee, showed the employee that he had ignored the policies that he had acknowledged understanding. In addition, they got the employee to admit that there was no discrimination after all…he was just scared for his job. The employee then sent an email to our HR professionals to that effect and that was the end of it.

Case Study #4: At a large oil company, an accounts payable clerk was terminated for cause. On her departure, she demanded to be paid for overtime for hours she had worked beyond 40 hours per week. The company indicated that she was not eligible for overtime because she was a salaried, and not an hourly, worker.

The clerk indicated that she would engage an attorney. The company then called the HR hotline that is part of our system and spoke to one of our HR professionals. He explained that an employee being salaried is different from an employee being exempt. Exempt employees don’t get overtime.

There was enough ambiguity in the company policy that it was decided to settle with the woman and pay her for overtime, thus avoiding a costly court battle and public relations problem. In addition, our HR professionals helped the company craft a tighter employee overtime policy so as to avoid that type of issue in the future.

Result: Our HR hotline guided the company to the swiftest, least expensive conclusion to their problem and then assisted in making sure that issue never came up again.

In 599 employee claims or lawsuits, the employer has prevailed 100% of the time because they had ComplyAbility in place for their company and their employees!

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