Can I sue my employer for misleading advertisement that lead to loss of my contract?

Theworkz513

New Member
3
I work for a large company for whom I sell multiple carriers for Medicare supplement and Medicare Advantage plans over the phone.

I had a client who called in response to one of our mailer ads that said "We have been trying to reach you about your unemployment benefits"…It says they are running out time and giving a number to call back. The company I work for is known to print and advertise on television multiple misleading ads about benefits clients are entitled to. The client stated to me she called in response to the ad and asked me why she received that notice. I informed her who I work for and my job title, and she resumed to ask me about what she currently has and how it compares to her current coverage. I ended up selling the client a new Medicare advantage plan that would save her money and provide more benefits. A week later the client complained to the carrier and said she was sold under the false pretenses that I was associated with unemployment. The major carrier listened to the call and decided to terminate my contract based on how the conversation began, despite that reason having absolutely nothing to do with me. In the termination letter the carrier stated I informed the client my role and was terminated "not for cause", but since she called believing I was unemployment, I should not have sold the client. Losing this major carrier is going to cost me tens of thousands a year. This carrier was 25% of my sales despite representing so many different carriers.

what do I do? I feel that my whole career is ruined for something outside of my control. I did my part in informing the client who I was and job title/role. I was very clear and the carrier acknowledged that. If the major carrier is upset with the reason the call began then that is entirely on my employer… I can't help but think I lost my contract with the carrier due to my employers misleading advertisement. There is no other reason she would have thought I was unemployment. I have been doing this for years and have seen a lot of people lose their jobs over stupid things. I know the calls are being recorded. I didn't and would never have lead her to believe anything of the sort. It also bothers me the company I work for will not let me listen to the call. Compliance just told me I never said anything that would lead the client to believe that we were unemployment and they would handle it. The carrier denied my rebuttal to get the decision reversed today, so they clearly didn't handle it…It feels like they're trying to hide some things to me that would be very apparent that I could sue over.

Thoughts?
 
I feel that my whole career is ruined for something outside of my control.

Take a deep breath, step back a moment and re-evaluate your situation. That carrier is one of many, pivot to a new carrier and move on. Don't let this issue crawl up into your noggin an ruin your career. Find a way around. You can do this. Regardless of what comes of this situation, don't let the emotions keep you from moving forward in your profession.
 
I work for a large company for whom I sell multiple carriers for Medicare supplement and Medicare Advantage plans over the phone.

I had a client who called in response to one of our mailer ads that said "We have been trying to reach you about your unemployment benefits"…It says they are running out time and giving a number to call back. The company I work for is known to print and advertise on television multiple misleading ads about benefits clients are entitled to. The client stated to me she called in response to the ad and asked me why she received that notice. I informed her who I work for and my job title, and she resumed to ask me about what she currently has and how it compares to her current coverage. I ended up selling the client a new Medicare advantage plan that would save her money and provide more benefits. A week later the client complained to the carrier and said she was sold under the false pretenses that I was associated with unemployment. The major carrier listened to the call and decided to terminate my contract based on how the conversation began, despite that reason having absolutely nothing to do with me. In the termination letter the carrier stated I informed the client my role and was terminated "not for cause", but since she called believing I was unemployment, I should not have sold the client. Losing this major carrier is going to cost me tens of thousands a year. This carrier was 25% of my sales despite representing so many different carriers.

what do I do? I feel that my whole career is ruined for something outside of my control. I did my part in informing the client who I was and job title/role. I was very clear and the carrier acknowledged that. If the major carrier is upset with the reason the call began then that is entirely on my employer… I can't help but think I lost my contract with the carrier due to my employers misleading advertisement. There is no other reason she would have thought I was unemployment. I have been doing this for years and have seen a lot of people lose their jobs over stupid things. I know the calls are being recorded. I didn't and would never have lead her to believe anything of the sort. It also bothers me the company I work for will not let me listen to the call. Compliance just told me I never said anything that would lead the client to believe that we were unemployment and they would handle it. The carrier denied my rebuttal to get the decision reversed today, so they clearly didn't handle it…It feels like they're trying to hide some things to me that would be very apparent that I could sue over.

Thoughts?


Why would they send out mailers saying "We have been trying to reach you about your unemployment benefits " when they are really selling MA plans?This is a bait and switch tactic by your employer but you are taking the fall.
 
You can certainly go ahead and sue, that is up to you and comes with risks. If you believe that their practice(s) caused this, you should reach out to other employees/ex-employees and recruit them for this endeavor. But you should be very careful and make sure you a solid case before moving forward.
 
Not enough info. in your post to know how long you've worked for them, and the kind of $$ you've generated from the carrier, however, if you try to sue, you would have a lot to prove. Labor lawyers are so backlogged now, with larger cases, it's ridiculous. You'd have to handle this yourself.

Of course, that's a whole separate issue from getting your carrier contract reinstated.
 
Obviously, you got screwed. At the same time, you knew you what they were doing.

Most of the people on this board have been doing this a LONG time. At some point, we've all had to pivot due to loss of income because of crap.

Get through AEP. Then its time to go out on your own and build your own book and control your own destiny.
 
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