This complaint was sent to the President of the Agency which is contracted to market the Assurance Wireless Lifeline Cell Phone give away program. The director that oversees the Policies and Procedures for Assurance Wireless was also c/c'd as was the CEO of Sprint: Mr. Daniel Hesse
From: Denny Sent: Saturday, March 23, 2013 2:17 PM
Subject: Notice of a complaint to be filed asserting misclassification by DST as to 1099 independent contractor status Vs W-2 status.
Please Direct to Mr. Mark Elie, President (DST Enterprises)
Since I first notified your Corporate Agent, Angela that specific issues existed regarding 1099 hirings that, I had some serious concerns about directive, rules and regulations DST engages in, I have not received any responses to my concerns.
The directives by DST that a 1099 Rep MUST wear only shirts furnished by Assurance Wireless and that they Must use only marketing materials furnished by Assurance Wireless and that they MUST write no fewer than 20 applications per day while working no less than a five (5) day work week as well as they MUST submit an itinery each Friday with a schedule of where they intend to work the upcoming week, ALL violate regulations governing who can be classified 1099 and who can not.
See just a couple of links that you can review and you will quickly see that your company needs to address these issues immediately.
The fact that you also compensate your Field Mgrs a weekly guaranteed base of $500 is clearly changing that position from 1099 to W-2 because, you are requiring specific duties to be performed during a work week of not less than five (5) days but more likely 6 or 7 day work weeks because the Field Mgr. is required to work whenever and wherever a Field Rep is working.
Last Friday, 03/22/2013 as a result of my concerns not being addressed, I requested that I be reimbursed $500 per my request to Angela to offset job postings that I had placed in Good Faith in an attempt to recruit Field Reps under what I was lead to be a legitimate 1099 opportunity and I also requested to be paid for the two weeks time since 03/07/2013 that I acted in the position I was hired for which Ive not been paid.
Total Due and requested was and remains $1,500.00 for what is proposed to be a joint settlement to walk away and void the original agreement by and between DST and my company.,
I am going to allow you the opportunity to direct deposit the amount requested in the amount of $1,500 into my account not later than Friday, 03/29/2013.
I am also placing you and DST on NOTICE that if this proposed settlement is rejected and/or ignored and the $1,500 isnt in my account by the close of Friday, 03/29/2013 then I shall file a formal written complaint with EEOC regarding 1099 violations which involve misclassification of 1099 employees and I am sure that this could involve any and all agents currently under the employment by DST.
I look forward to resolving this matter no later than 03/29/2013 and prior to my being forced to file an EEOC complaint to collect monies due to me and to also bring to their attention the current hiring practice by DST.
While my complaint will be filed if necessary against DST, an investigation into these issues could also include Assurance Wireless, Virgin Mobile and Sprint so a determination can be made as to what the contractural / SOP Agreement by and between the parties requires to determine who all the responsible parties are.