[LTPC-discussions] please remove me from your mailing list
Joel
ltpc-disc@ltpcalums.com
Tue, 1 Jul 2003 22:34:41 -0400
This is a multi-part message in MIME format.
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----- Original Message -----=20
From: Jody Gold=20
To: ltpc-disc@ltpcalums.com=20
Sent: Tuesday, July 01, 2003 7:13 PM
Subject: RE: [LTPC-discussions] legal case and a good one
Yes I was close (missed vesting by 10,000) and have lost thousands of =
dollars. Please include me in your talks with legal counsel....
Jody Gold
jodygold@hotmail.com
cell (408) 497-6907
----Original Message Follows----=20
From: "William C. Walters"=20
Reply-To: ltpc-disc@ltpcalums.com=20
To:=20
Subject: RE: [LTPC-discussions] legal case and a good one=20
Date: Tue, 1 Jul 2003 14:08:42 -0400=20
Thank you Richard,=20
As a newbee with only one year at LTPC, I sincerely appreciate your =
effort=20
on our behalf. You can count on my support of the cause morally, with =
time=20
and financially. It is very encouraging to see that there is some =
positive=20
forward movement in our fight.=20
ON MISREPRESENTATION=20
Progney grossly misrepresented the results that were to be realized =
with the=20
15-10-5, formula in their training and in print in the Statement of =
Core=20
Values. It should not take much to prove this by examining the =
activity and=20
production records of the agents to find out how many agents =
consistently=20
achieved these results.=20
I strongly suspect that Progney misrepresented the source of leads. My =
experience in working Progeny's leads lead me to believe that a =
percentage=20
of them were not consumer response leads but unsolicted names. If it =
can be=20
proven that even a small percentage of the leads were not the response =
of a=20
person for LTC information then I believe that a case can be made that =
Progeny misled their agents into believing that they were not =
telemarketing=20
when in fact they were.=20
Also if an agent phoned a lead and the person told the agent that they =
did=20
not request LTC information , or that they were not interested in LTC=20
wouldn't the second or third time that the lead was issued and phoned =
be=20
defined as telemarketing.=20
* I would not have invested the time, energy and money that I did =
working=20
for LTPC, had I known that Progney was going to shut down.=20
I believe Robert Foreman when he said that LTPC was not for sale and =
that=20
there was a future in working for LTPC and I was looking forward to =
becoming=20
vested..=20
These are just a few of the areas of misrepresentation. Do you or your =
attorney has any advise on what to look for in misrepresentation?=20
Thanks again,=20
Bill Walters=20
-----Original Message-----=20
From: ltpc-disc-admin@ltpcalums.com =
[mailto:ltpc-disc-admin@ltpcalums.com]On=20
Behalf Of ShampooRic@aol.com=20
Sent: Monday, June 30, 2003 11:04 PM=20
To: ltpc-disc@ltpcalums.com=20
Subject: [LTPC-discussions] legal case and a good one=20
To all LTPC Alums. First legal opinion.=20
Today I received the first legal opinion about our termination from =
LTPC.=20
After they researched this with the information I sent them, such as=20
contracts, alum emails, and just a general letter explaining =
everything as=20
concisely as possible this is what they say. This legal opinion was =
given=20
by an attorney that specializes in employee employer disputes and =
corporate=20
law.=20
The attorney's believe at this time that there is a case, but it will=20
depend on several things. Also the type of case and how to go about =
it.=20
1. Believe that there is a whole host of misrepresentations.=20
2. Need to find out what was Progeny's intent. Was it a legitimate=20
downsizing, or was it done to maximize profits? This is a key as to =
how to=20
proceed.=20
3. Have misrepresentations for sure at this point in lost time for=20
employees.=20
4. Need to have proof, a smoking gun if Progeny decided to close a =
year=20
ago. Several people tell me this is true.=20
5. Need people to come forward to say that they were in a meeting, had =
a=20
discussion, saw a memo, have a memo that LTPC was going to close =
months=20
before it did.=20
6. People will have to come forward and say they were told to keep =
quiet=20
about this. Agents, managers that were aware of this will have to be=20
willing to give testimony. This will come out in discovery.=20
7. Even if it is not in writing that is OK, just the fact that=20
discussions were being held or there was talk about this at meetings =
is good=20
enough.=20
8. Were there agents that knew about this a year ago and made plans to =
go=20
into brokerage?=20
9. Need to contact those agents and employees that are not on this =
site.=20
Even agents that were only with the company a short time. Those hired=20
recently and then let go. Those that were in home office, the support=20
staff. Maybe they knew of what might have been going on.=20
10. There is a case. At minimum without any more evidence then we=20
currently have, they say we should go to the Labor Administration =
about=20
unfair labor practice, they will pursue the case for us.=20
11. There is a powerful case, a class action suit against Progeny that =
can be made if we can produce some evidence proving misrepresentation. =
What=20
was their intent?=20
12. The law firm that gave me the opinion will not be the one handling =
the case. They advise we get a large law firm that specializes in =
employee=20
class action lawsuits. A giant killer.=20
They are will help in looking for one.=20
13. In their opinion if we have evidence, we should have no problem=20
getting a firm to represent us in a class action suite.=20
14. This law firm should take this on a contingency basis because of =
the=20
size ans scope. Again if we can supply some evidence. Again a memo is=20
good, verbal will do.=20
There is a case. It just depends on what type of a case we have. If=20
anyone has this type of evidence now is the time to come forward. At =
least=20
with the acknowledgment that you have something or can contribute =
something.=20
This evidence should not be posted here on this site. If you have=20
anything you can email me with a sentence or two that you have =
something.=20
You can call me at 954-629-7545. All we need at this time is some =
evidence=20
that we can give to the law firm to see if they have enough to start =
and=20
take this on a contingency basis.=20
I decided to do this for a lot of people out there that were recently=20
hired, for a lot that will never get renewals. Can you imagine what it =
must=20
feel like if you were close and then just lost thousands each year for =
you=20
and your family. I was not close to that magic number.=20
How we proceed will depend on what you know, and when you knew it, and =
if=20
you care to become involved.=20
Richard Moore=20
-------------------------------------------------------------------------=
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MSN 8 with e-mail virus protection service: 2 months FREE* =
_______________________________________________ LTPC-disc mailing list =
LTPC-disc@ltpcalums.com =
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<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=3Djodygold@hotmail.com =
href=3D"mailto:jodygold@hotmail.com">Jody Gold</A>=20
</DIV>
<DIV style=3D"FONT: 10pt arial"><B>To:</B> <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> Tuesday, July 01, 2003 =
7:13=20
PM</DIV>
<DIV style=3D"FONT: 10pt arial"><B>Subject:</B> RE: [LTPC-discussions] =
legal=20
case and a good one</DIV>
<DIV><BR></DIV>
<DIV>
<DIV>
<P>Yes I was close (missed vesting by 10,000) and have lost thousands =
of=20
dollars. Please include me in your talks with legal counsel....</P>
<P><FONT face=3D"Lucida Handwriting, Cursive" color=3D#0000ff =
size=3D2><EM>Jody=20
Gold</EM></FONT></P></DIV>
<DIV></DIV>
<DIV align=3Dleft><EM><FONT face=3D"Courier New, Courier, Monospace" =
color=3D#0000ff=20
size=3D1><A=20
=
href=3D"mailto:jodygold@hotmail.com">jodygold@hotmail.com</A></FONT></EM>=
</DIV>
<DIV></DIV>
<DIV align=3Dleft><EM><FONT face=3D"Courier New, Courier, Monospace" =
color=3D#0000ff=20
size=3D1>cell (408) 497-6907</FONT></EM></DIV>
<DIV></DIV>
<DIV><EM><FONT face=3D"Arial Black" color=3D#0000ff></FONT></EM></DIV>
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>----Original Message Follows----=20
<DIV></DIV>From: "William C. Walters" <WILLIAMWALTERS@VERIZON.NET>
<DIV></DIV>Reply-To: <A=20
href=3D"mailto:ltpc-disc@ltpcalums.com">ltpc-disc@ltpcalums.com</A>=20
<DIV></DIV>To: <LTPC-DISC@LTPCALUMS.COM>
<DIV></DIV>Subject: RE: [LTPC-discussions] legal case and a good one=20
<DIV></DIV>Date: Tue, 1 Jul 2003 14:08:42 -0400=20
<DIV></DIV>
<DIV></DIV>Thank you Richard,=20
<DIV></DIV>
<DIV></DIV>As a newbee with only one year at LTPC, I sincerely =
appreciate your=20
effort=20
<DIV></DIV>on our behalf. You can count on my support of the cause =
morally,=20
with time=20
<DIV></DIV>and financially. It is very encouraging to see that there =
is some=20
positive=20
<DIV></DIV>forward movement in our fight.=20
<DIV></DIV>
<DIV></DIV>ON MISREPRESENTATION=20
<DIV></DIV>
<DIV></DIV>Progney grossly misrepresented the results that were to be =
realized=20
with the=20
<DIV></DIV>15-10-5, formula in their training and in print in the =
Statement of=20
Core=20
<DIV></DIV>Values. It should not take much to prove this by examining =
the=20
activity and=20
<DIV></DIV>production records of the agents to find out how many =
agents=20
consistently=20
<DIV></DIV>achieved these results.=20
<DIV></DIV>
<DIV></DIV>I strongly suspect that Progney misrepresented the source =
of leads.=20
My=20
<DIV></DIV>experience in working Progeny's leads lead me to believe =
that a=20
percentage=20
<DIV></DIV>of them were not consumer response leads but unsolicted =
names. If=20
it can be=20
<DIV></DIV>proven that even a small percentage of the leads were not =
the=20
response of a=20
<DIV></DIV>person for LTC information then I believe that a case can =
be made=20
that=20
<DIV></DIV>Progeny misled their agents into believing that they were =
not=20
telemarketing=20
<DIV></DIV>when in fact they were.=20
<DIV></DIV>
<DIV></DIV>Also if an agent phoned a lead and the person told the =
agent that=20
they did=20
<DIV></DIV>not request LTC information , or that they were not =
interested in=20
LTC=20
<DIV></DIV>wouldn't the second or third time that the lead was issued =
and=20
phoned be=20
<DIV></DIV>defined as telemarketing.=20
<DIV></DIV>
<DIV></DIV>* I would not have invested the time, energy and money that =
I did=20
working=20
<DIV></DIV>for LTPC, had I known that Progney was going to shut down.=20
<DIV></DIV>I believe Robert Foreman when he said that LTPC was not for =
sale=20
and that=20
<DIV></DIV>there was a future in working for LTPC and I was looking =
forward to=20
becoming=20
<DIV></DIV>vested..=20
<DIV></DIV>
<DIV></DIV>These are just a few of the areas of misrepresentation. Do =
you or=20
your=20
<DIV></DIV>attorney has any advise on what to look for in =
misrepresentation?=20
<DIV></DIV>
<DIV></DIV>Thanks again,=20
<DIV></DIV>
<DIV></DIV>Bill Walters=20
<DIV></DIV>
<DIV></DIV>-----Original Message-----=20
<DIV></DIV>From: ltpc-disc-admin@ltpcalums.com=20
[mailto:ltpc-disc-admin@ltpcalums.com]On=20
<DIV></DIV>Behalf Of ShampooRic@aol.com=20
<DIV></DIV>Sent: Monday, June 30, 2003 11:04 PM=20
<DIV></DIV>To: ltpc-disc@ltpcalums.com=20
<DIV></DIV>Subject: [LTPC-discussions] legal case and a good one=20
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>To all LTPC Alums. First legal opinion.=20
<DIV></DIV>
<DIV></DIV>Today I received the first legal opinion about our =
termination from=20
LTPC.=20
<DIV></DIV>After they researched this with the information I sent =
them, such=20
as=20
<DIV></DIV>contracts, alum emails, and just a general letter =
explaining=20
everything as=20
<DIV></DIV>concisely as possible this is what they say. This legal =
opinion was=20
given=20
<DIV></DIV>by an attorney that specializes in employee employer =
disputes and=20
corporate=20
<DIV></DIV>law.=20
<DIV></DIV>
<DIV></DIV>The attorney's believe at this time that there is a case, =
but it=20
will=20
<DIV></DIV>depend on several things. Also the type of case and how to =
go about=20
it.=20
<DIV></DIV>
<DIV></DIV>1. Believe that there is a whole host of =
misrepresentations.=20
<DIV></DIV>
<DIV></DIV>2. Need to find out what was Progeny's intent. Was it a =
legitimate=20
<DIV></DIV>downsizing, or was it done to maximize profits? This is a =
key as to=20
how to=20
<DIV></DIV>proceed.=20
<DIV></DIV>
<DIV></DIV>3. Have misrepresentations for sure at this point in lost =
time for=20
<DIV></DIV>employees.=20
<DIV></DIV>
<DIV></DIV>4. Need to have proof, a smoking gun if Progeny decided to =
close a=20
year=20
<DIV></DIV>ago. Several people tell me this is true.=20
<DIV></DIV>
<DIV></DIV>5. Need people to come forward to say that they were in a =
meeting,=20
had a=20
<DIV></DIV>discussion, saw a memo, have a memo that LTPC was going to =
close=20
months=20
<DIV></DIV>before it did.=20
<DIV></DIV>
<DIV></DIV>6. People will have to come forward and say they were told =
to keep=20
quiet=20
<DIV></DIV>about this. Agents, managers that were aware of this will =
have to=20
be=20
<DIV></DIV>willing to give testimony. This will come out in discovery. =
<DIV></DIV>
<DIV></DIV>7. Even if it is not in writing that is OK, just the fact =
that=20
<DIV></DIV>discussions were being held or there was talk about this at =
meetings is good=20
<DIV></DIV>enough.=20
<DIV></DIV>
<DIV></DIV>8. Were there agents that knew about this a year ago and =
made plans=20
to go=20
<DIV></DIV>into brokerage?=20
<DIV></DIV>
<DIV></DIV>9. Need to contact those agents and employees that are not =
on this=20
site.=20
<DIV></DIV>Even agents that were only with the company a short time. =
Those=20
hired=20
<DIV></DIV>recently and then let go. Those that were in home office, =
the=20
support=20
<DIV></DIV>staff. Maybe they knew of what might have been going on.=20
<DIV></DIV>
<DIV></DIV>10. There is a case. At minimum without any more evidence =
then we=20
<DIV></DIV>currently have, they say we should go to the Labor =
Administration=20
about=20
<DIV></DIV>unfair labor practice, they will pursue the case for us.=20
<DIV></DIV>
<DIV></DIV>11. There is a powerful case, a class action suit against =
Progeny=20
that=20
<DIV></DIV>can be made if we can produce some evidence proving=20
misrepresentation. What=20
<DIV></DIV>was their intent?=20
<DIV></DIV>
<DIV></DIV>12. The law firm that gave me the opinion will not be the =
one=20
handling=20
<DIV></DIV>the case. They advise we get a large law firm that =
specializes in=20
employee=20
<DIV></DIV>class action lawsuits. A giant killer.=20
<DIV></DIV>They are will help in looking for one.=20
<DIV></DIV>
<DIV></DIV>13. In their opinion if we have evidence, we should have no =
problem=20
<DIV></DIV>getting a firm to represent us in a class action suite.=20
<DIV></DIV>
<DIV></DIV>14. This law firm should take this on a contingency basis =
because=20
of the=20
<DIV></DIV>size ans scope. Again if we can supply some evidence. Again =
a memo=20
is=20
<DIV></DIV>good, verbal will do.=20
<DIV></DIV>
<DIV></DIV>There is a case. It just depends on what type of a case we =
have. If=20
<DIV></DIV>anyone has this type of evidence now is the time to come =
forward.=20
At least=20
<DIV></DIV>with the acknowledgment that you have something or can =
contribute=20
something.=20
<DIV></DIV>
<DIV></DIV>This evidence should not be posted here on this site. If =
you have=20
<DIV></DIV>anything you can email me with a sentence or two that you =
have=20
something.=20
<DIV></DIV>You can call me at 954-629-7545. All we need at this time =
is some=20
evidence=20
<DIV></DIV>that we can give to the law firm to see if they have enough =
to=20
start and=20
<DIV></DIV>take this on a contingency basis.=20
<DIV></DIV>
<DIV></DIV>I decided to do this for a lot of people out there that =
were=20
recently=20
<DIV></DIV>hired, for a lot that will never get renewals. Can you =
imagine what=20
it must=20
<DIV></DIV>feel like if you were close and then just lost thousands =
each year=20
for you=20
<DIV></DIV>and your family. I was not close to that magic number.=20
<DIV></DIV>
<DIV></DIV>How we proceed will depend on what you know, and when you =
knew it,=20
and if=20
<DIV></DIV>you care to become involved.=20
<DIV></DIV>
<DIV></DIV>Richard Moore=20
<DIV></DIV>
<DIV></DIV></DIV><BR clear=3Dall>
<HR>
MSN 8 with <A href=3D"http://g.msn.com/8HMSENUS/2740??PS=3D">e-mail =
virus=20
protection service: </A>2 months FREE*=20
_______________________________________________ LTPC-disc mailing list =
LTPC-disc@ltpcalums.com=20
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