Why do agencies lose clients, what are the reasons?

The only difference I can see between them and you is that they are men

  • I reported gender wage discrimination on Wednesday and lost the job on Thursday. There are two companies involved, an advertising agency and a creative staffing agency. I've looked into the EEOC claims process, and I'm not sure how it applies here because the two companies may be able to successfully bounce responsibility back and forth. Their 800 number tells me that there is about a 2-hour wait time to talk to anyone, so I'm hoping that someone can tell me if it's worth wasting my time with the soul-crushing bureaucracy. Since October of 2011 I have been working at Advertising Agency through a Creative Staffing Agency (CSA1). I have been working off-site (at home, on my own equipment) for Advertising Agency as an employee of CSA1 doing flash banner design and programming regularly since that time. In February I spoke with the woman who runs CSA1's Los Angeles office (CSA1-Exec). I felt I was underpaid for my skill level, and I asked for a raise. She agreed to a $5/hour raise for any future work with new clients, but told me that she could not get any more money for me from Advertising Agency because they simply wouldn't pay more. I agreed to keep on working for them at the lower rate because I could not afford to give up the work since it accounted for a large percentage of my hours. About a month later, in the first week of March, I had a conversation with a Senior Project Manager at Advertising Agency where s/he very pointedly volunteered in a kind of whistle-blower-ish manner that there were other people who were doing the same work, who were not as skilled or efficient, but were paid more, and that they were from CSA1. S/he said, "The only difference I can see between them and you is that they are men." My experience with these agencies (both creative staffing agencies and advertising agencies) is that if you complain about poor treatment you will simply be replaced. So other than talking about it to a few friends, I did nothing. Moving forward to the week of June 3, 2013, Advertising Agency's expectations of me had escalated to the point where I decided to have another conversation with CSA1-Exec about the situation, as I suspected that they were in violation of labor laws. I spoke with CSA1-Exec late Wednesday afternoon, and ended up telling her about the Senior Project Manager's statements to me in March about gender wage discrimination. CSA1-Exec expressed shock that either CSA1 or Advertising Agency would consciously discriminate and gave me a $10/hour raise. I was happy to have the raise, but expressed concern that these clients would just go elsewhere and that I would lose the work, since that was what she had said back in February. So, on Thursday, Advertising Agency received notification that I would cost them more. CSA1-Exec says she had a conversation with the Creative Director at Advertising Agency and he said they would still use my services at the higher rate. HOWEVER The same day that Advertising Agency was informed that my rate had increased they started looking for someone to replace me. Creative Staffing Agency 2 (CSA2), a competing creative staffing agency where I am also registered, not knowing that I was working for Advertising Agency through CSA1, submitted me to replace myself. I have an email trail with an agent at CSA2 dated June 6, 2013 and it is specific: My direct supervisor at Advertising Agency is actively looking for someone to do flash banner work, exactly what I do for them. The same day that my rates are raised. This is not a coincidence. I am contractually obligated to inform CSA2 that CSA1 has dibs on my work at Advertising Agency, so I did that. Then I contacted CSA1-Exec, who expressed surprise because of her conversation with the Creative Director. I doubt that CSA1-Exec said anything to the Creative Director about the wage discrimination claim, but the fact remains that I reported gender based wage discrimination on Wednesday, June 5, 2013 and lost my job on Thursday, June 6, 2013. Now CSA1-Exec is not returning my calls, so it seems that I have not only lost they relationship with Advertising Agency, but also with CSA1. So, is it even worth pursuing an EEOC claim? Technically, I work for CSA1, and they gave me the raise as soon as I reported the problem, but I lost the work because the Advertising Agency doesn't want to pay more for me, even if they do for other (reportedly male) people.

  • Answer:

    Ask a mod to delete this question RIGHT NOW and go talk to a lawyer.

ljshapiro at Ask.Metafilter.Com Visit the source

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Your profile, your question, and your follow-up all state that you are located in California. I am not licensed to practice law in California, so I cannot give you legal advice. You and I don't have an attorney-client relationship, nor will we. With that said, I'll tell you three things. First, you should speak with an attorney licensed in your jurisdiction about your situation. Second, if you just want to solicit answers from people who may have been in similar circumstances about whether they pursued remedies or not, and how they feel about those decisions in retrospect, then you should be super-clear about that and only read those answers in that limited capacity (perspective) and not as advice on what you personally should do. Third, you should not get into back-and-forth exchanges with IT staff who troll this site looking for opportunities to pretend they're lawyers. That is not a commentary on anyone who might have posted in this thread. It is general advice for people who are in circumstances similar to yours and turn to AskMetaFilter.

cribcage

Ask a mod to at least anonymize this. It's not just about whether you have a lawyer.

Chaussette and the Pussy Cats

I'm a California-barred lawyer, not your lawyer, and this is not legal advice. There are employment attorneys who work on contingency. Anyone who told you otherwise was misinformed. You need a lawyer.

ewiar

ended up telling her about the Senior Project Manager's statements to me in March about gender wage discrimination. I think if you had raised this question, with your own observations about men and wages, without mentioning the Senior Project Manager at all, you might not be out of work. Dragging her into it is what sunk you. It's very unlikely that she will back you up--she might also be out of a job. The policies at Ad Agency have nothing to do with CSA1. CSA1 might argue that you lost work for the entire outfit. You don't actually know for a fact that the Ad Agency is looking to replace you with someone from CSA2. Yes, call a lawyer, make this anonymous, but I really don't think that you're going to to be happy with how this will play out.

Ideefixe

Yes, you should pursue this. You may very well get a settlement, and you will wight an injustice. Hang in with the bureaucracy, and get a lawyer with experience in this area. Good luck.

theora55

You need a lawyer.

quodlibet

Sorry, but it's not clear: you've actually heard from the advertising agency that you're fired? Because this makes it sound like they were fine with your raise: CSA1-Exec says she had a conversation with the Creative Director at Advertising Agency and he said they would still use my services at the higher rate. They could be hiring an additional person because they have more work, not to replace you. Unless you have specific information to the contrary that you forgot to include here...

MsMolly

Don't pay for a lawyer until you figure out if you're even covered here. Since you're not an employee of AA and it sounds like they're the ones discriminating against you, you may not be covered by the EEOC. But if CSA1 paid you less, as a woman, and/or retaliated against you when you reported it you may have something. Spend the time on the phone with the local field office or even take a good book and go there in person early in the day. Give them the facts and let them help you decide if you should pursue it.

IanMorr

Perhaps you have access to information that you've not shared here, but it seems that you are hinging all of this on the statement made by Senior Project Manager at Advertising Agency. And if s/he is mistaken, or doesn't have access to all of the relevant facts? What happens if CSA2 finds Advertising Agency a man who is willing to work at your old wage? Worse yet, what if CSA1 finds Advertising Agency a man who is willing to work at your old wage? This all seems like a big gamble to make based on the information you have.

jingzuo

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