[LTPC-disc] Reasonable Action Plan
Marilyn Ott
marilynott@astound.net
Mon, 26 May 2003 20:49:50 -0700
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The various departments of insurance certainly do have jurisdiction over =
GA's like LTPC. They do not have to be an insurance carrier to fall =
under these jurisdictions.
Furthermore, they are certainly attempting to violate the labor laws. =
If a number of agents had not made a fuss about the 90 day =
reconciliation period, they were intending to follow that path. Only the =
saber rattling caused them to back down. I was personally told in a =
"live" conversation with Valerie in HR, just minutes before Jay's =
announcement to the contrary, that they would be holding ALL MONIES =
until September 21st, 2003. She said they always did that for =
terminated agents. When I argued that that was not true for my vested =
agent friends who had already departed, she said that nonetheless, that =
was what she had been instructed to say, and that I could just stay =
tuned for any future announcements.
I personally do not see the harm in inquiring of our various State DOI's =
as to the rules of departure, nor do I see any harm in asking our fellow =
agents, "Does anybody have a labor lawyer in the family?" Seeking =
casual advice in these matters never hurts. I have lawyers in my =
immediate family, but none with the right specialty. I am not =
advocating litigation because the road can be long and expensive, but =
being passive is almost never a good idea. The best position you can =
have in any negotiation is knowing what your alternatives are.
Marilyn Ott
----- Original Message -----=20
From: THOMAS DURKIN=20
To: eobeirne@earthlink.net ; ltpc-disc@ltpcalums.com=20
Sent: Monday, May 26, 2003 7:07 PM
Subject: Re: [LTPC-disc] Reasonable Action Plan
I agree with many of the comments in Elizabeth's memo. Legal action =
may not be the best suggestion.
I'm not sure I understand the purpose of contacting the state =
department of insurance. What laws have any of the insurance companies =
we represent violated? LTPC is not an insurance company and even if =
they were an insurance company what rules/laws have been violated?
As I said in another memo: The company is changing its operating =
model. They are not soliciting new business, no sales force and a very =
small administrative office to handle renewals. The company gave us 60 =
days notice and is releasing us of our contracts on June 20. I'm not =
pleased with the change but I don't know what laws have been broken.
Maybe someone can help me understand.
Mark Durkin
----- Original Message -----
From: Elizabeth O'Beirne
Sent: Monday, May 26, 2003 12:11 PM
To: ltpc-disc@ltpcalums.com
Subject: [LTPC-disc] Reasonable Action Plan
To All LTPC Agents:
I can tell you all from personal experience, that fighting these =
real or perceived wrongs through legal means will neither be gratifying =
nor productive in the end. What we all need to do is to complete a =
professional and reasoned set of actions that are designed to accurately =
convey our concerns to those who have the power to correct the =
situation.
Doug and others have identified them through various emails, but let =
me try to tie them all together in a concise list:
1. Write a letter to Dan Tarantin laying out your concerns...fax it =
to his office and follow up with a hard copy. Use the talking points =
provided on www.ltpcalums.com and supplement them with your own concerns =
and proposed remedies. Remeber, complaining isn't enough, you need to =
propose a reasonable corrective action. Use the LTPC address.
2. Send a copy of this letter to Dan's boss and his boss, with a =
professional cover letter from you indicating that you would like to =
inform them of your concerns in hopes that they will help Dan to take =
immediate and corrective action.
Dan T. has two company officers above him:=20
1.. Henry Silverman, Chairman of the Board, President and Chief =
Executive Officer, Cendant Corporation=20
2.. Samuel Katz, Senior Executive Vice President, Chairman and =
Chief Executive Officer Travel Distribution Services and Financial =
Services Divisions.
9 West 57th Street=20
New York, NY 10019=20
USA=20
(973) 428-9700=20
3. Write your state department of insurance and lodge a formal =
complaint in whatever manner they suggest.=20
Take these actions immediately, FIRST, and let's see what happens. =
Lawyers have one mission in mind...to make money for themselves. Don't =
fool yourself into thinking that litigation is the best course of =
action...it should be the last.
Let's all act together in expressing our concerns to the individuals =
above and given them an opportunity to address our concerns. In the =
meantime, the agnst we feel can be directed into a new venture that will =
give us a better opportunity to succeed.
Elizabeth Brower O'Beirne
www.LTCiPlanning.com
Long Term Care Specialist
Long Term Preferred Care, Inc.
703-709-7760
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<HTML><HEAD>
<META http-equiv=3DContent-Type content=3D"text/html; =
charset=3Diso-8859-1">
<META content=3D"MSHTML 6.00.2800.1106" name=3DGENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY=20
style=3D"BORDER-RIGHT: medium none; BORDER-TOP: medium none; FONT: 10pt =
verdana; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none"=20
bgColor=3D#ffffff>
<DIV><FONT face=3DArial>The various departments of insurance certainly =
do have=20
jurisdiction over GA's like LTPC. They do not have to be an =
insurance=20
carrier to fall under these jurisdictions.</FONT></DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<DIV><FONT face=3DArial>Furthermore, they are certainly attempting to =
violate the=20
labor laws. If a number of agents had not made a fuss about the 90 =
day=20
reconciliation period, they were intending to follow that path. Only the =
saber=20
rattling caused them to back down. I was personally told in a =
"live"=20
conversation with Valerie in HR, just minutes before Jay's announcement =
to the=20
contrary, that they would be holding ALL MONIES until September 21st,=20
2003. She said they always did that for terminated agents. =
When I=20
argued that that was not true for my vested agent friends who had =
already=20
departed, she said that nonetheless, that was what she had been =
instructed to=20
say, and that I could just stay tuned for any future =
announcements.</FONT></DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<DIV><FONT face=3DArial>I personally do not see the harm in inquiring of =
our=20
various State DOI's as to the rules of departure, nor do I see any harm =
in=20
asking our fellow agents, "Does anybody have a labor lawyer in the=20
family?" Seeking casual advice in these matters never hurts. =
I have=20
lawyers in my immediate family, but none with the right specialty. =
I am=20
not advocating litigation because the road can be long and expensive, =
but being=20
passive is almost never a good idea. The best position you can =
have in any=20
negotiation is knowing what your alternatives are.</FONT></DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<DIV><FONT face=3DArial>Marilyn Ott</FONT></DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<BLOCKQUOTE dir=3Dltr=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style=3D"FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV=20
style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
<A title=3Dmdurk123@msn.com href=3D"mailto:mdurk123@msn.com">THOMAS =
DURKIN</A>=20
</DIV>
<DIV style=3D"FONT: 10pt arial"><B>To:</B> <A =
title=3Deobeirne@earthlink.net=20
href=3D"mailto:eobeirne@earthlink.net">eobeirne@earthlink.net</A> ; <A =
title=3Dltpc-disc@ltpcalums.com=20
href=3D"mailto:ltpc-disc@ltpcalums.com">ltpc-disc@ltpcalums.com</A> =
</DIV>
<DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Monday, May 26, 2003 7:07 =
PM</DIV>
<DIV style=3D"FONT: 10pt arial"><B>Subject:</B> Re: [LTPC-disc] =
Reasonable=20
Action Plan</DIV>
<DIV><BR></DIV>
<DIV>I agree with many of the comments in Elizabeth's memo. =
Legal action=20
may not be the best suggestion.</DIV>
<DIV> </DIV>
<DIV>I'm not sure I understand the purpose of contacting the state =
department=20
of insurance. What laws have any of the insurance companies we =
represent=20
violated? LTPC is not an insurance company and even if they were =
an=20
insurance company what rules/laws have been violated?</DIV>
<DIV> </DIV>
<DIV>As I said in another memo: The company is changing its =
operating=20
model. They are not soliciting new business, no sales force and =
a very=20
small administrative office to handle renewals. The company gave =
us 60=20
days notice and is releasing us of our contracts on June 20. I'm =
not=20
pleased with the change but I don't know what laws have been =
broken.</DIV>
<DIV> </DIV>
<DIV>Maybe someone can help me understand.</DIV>
<DIV> </DIV>
<DIV>Mark Durkin</DIV>
<DIV> </DIV>
<BLOCKQUOTE=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style=3D"FONT: 10pt Arial">----- Original Message -----</DIV>
<DIV=20
style=3D"BACKGROUND: #e4e4e4; FONT: 10pt Arial; COLOR: =
black"><B>From:</B>=20
Elizabeth O'Beirne</DIV>
<DIV style=3D"FONT: 10pt Arial"><B>Sent:</B> Monday, May 26, 2003 =
12:11=20
PM</DIV>
<DIV style=3D"FONT: 10pt Arial"><B>To:</B> =
ltpc-disc@ltpcalums.com</DIV>
<DIV style=3D"FONT: 10pt Arial"><B>Subject:</B> [LTPC-disc] =
Reasonable Action=20
Plan</DIV>
<DIV> </DIV>
<META content=3D"MSHTML 6.00.2800.1170" name=3DGENERATOR>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial size=3D2>To =
All LTPC=20
Agents:</FONT></SPAN></DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial=20
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial size=3D2>I =
can tell you=20
all from personal experience, that fighting these real or perceived =
wrongs=20
through legal means will neither be gratifying nor productive in the =
end. What we all need to do is to complete a professional and =
reasoned=20
set of actions that are designed to accurately convey our concerns =
to those=20
who have the power to correct the situation.</FONT></SPAN></DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial=20
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial =
size=3D2>Doug and others=20
have identified them through various emails, but let me try to tie =
them all=20
together in a concise list:</FONT></SPAN></DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial=20
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial size=3D2>1. =
Write a=20
letter to Dan Tarantin laying out your concerns...fax it to his =
office and=20
follow up with a hard copy. Use the talking points provided on =
<A=20
href=3D"http://www.ltpcalums.com/">www.ltpcalums.com</A> and =
supplement them=20
with your own concerns and proposed remedies. Remeber, =
complaining=20
isn't enough, you need to propose a reasonable corrective =
action. Use=20
the LTPC address.</FONT></SPAN></DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial=20
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial =
size=3D2>2. Send a=20
copy of this letter to Dan's boss and his boss, with a professional =
cover=20
letter from you indicating that you would like to inform them of =
your=20
concerns in hopes that they will help Dan to take immediate and =
corrective=20
action.</FONT></DIV>
<P><FONT face=3DArial size=3D2>Dan T. has two company officers above =
him:=20
</FONT>
<OL>
<LI><FONT face=3DArial size=3D2>Henry Silverman, Chairman of the =
Board,=20
President and Chief Executive Officer, Cendant Corporation </FONT>
<LI><FONT face=3DArial size=3D2>Samuel Katz, Senior Executive Vice =
President,=20
Chairman and Chief Executive Officer Travel Distribution Services =
and=20
Financial Services Divisions.</FONT></LI></OL>
<DIV><FONT face=3DArial size=3D2>9 West 57th Street <BR>New York, NY =
10019=20
<BR>USA </FONT></DIV>
<DIV><FONT face=3DArial size=3D2>(973) 428-9700 </FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV><FONT face=3DArial><FONT size=3D2><SPAN =
class=3D530395315-26052003>3. =20
Write your state department of insurance and lodge a formal =
complaint in=20
whatever manner they suggest.</SPAN> </FONT></FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial =
size=3D2>Take these=20
actions immediately, FIRST, and let's see what happens. =
Lawyers have=20
one mission in mind...to make money for themselves. Don't fool =
yourself into thinking that litigation is the best course of =
action...it=20
should be the last.</FONT></SPAN></DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial=20
size=3D2></FONT></SPAN> </DIV>
<DIV><SPAN class=3D530395315-26052003><FONT face=3DArial =
size=3D2>Let's all act=20
together in expressing our concerns to the individuals above and =
given them=20
an opportunity to address our concerns. In the meantime, the =
agnst we=20
feel can be directed into a new venture that will give us a better=20
opportunity to succeed.</FONT></SPAN></DIV></SPAN>
<DIV> </DIV>
<DIV align=3Dleft><FONT size=3D2>
<DIV align=3Dleft><FONT size=3D4><SPAN=20
class=3D370370910-22102002><STRONG>Elizabeth Brower=20
O'Beirne</STRONG></SPAN></FONT></DIV>
<DIV align=3Dleft><FONT size=3D4><SPAN=20
=
class=3D370370910-22102002><STRONG>www.LTCiPlanning.com</STRONG></SPAN></=
FONT></DIV>
<DIV><EM><FONT size=3D2><SPAN class=3D370370910-22102002>Long Term =
Care=20
Specialist</SPAN></FONT></EM></DIV>
<DIV><EM><FONT size=3D2><SPAN class=3D370370910-22102002>Long Term =
Preferred=20
Care, Inc.</SPAN></FONT></EM></DIV>
<DIV><FONT size=3D2><SPAN=20
=
class=3D370370910-22102002><EM>703-709-7760</EM></SPAN></FONT></DIV></FON=
T></DIV>
<DIV> </DIV></BLOCKQUOTE></BLOCKQUOTE></BODY></HTML>
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