Lawsuit Over Dell Call-Centers Grows
Dell closed its call center in Roseburg last year, just a few months after two employees sued over claims of unpaid overtime. That lawsuit now has class action status.
Telephone sales representatives who worked at Dell computer call centers in five states are eligible to join in a lawsuit filed by two of the company’s former Roseburg employees, according to a ruling by a U.S. District Court judge in Eugene.
U.S. Magistrate Thomas Coffin certified the lawsuit filed by David Norman and Walter Romas as a class action last week. As many as 5,000 Dell employees who worked for the company since Feb. 8, 2004, could petition the court to join in the suit.
Norman and Romas claim they weren’t paid for all of their hours spent on the clock and that they were shorted for overtime compensation. They seek an undisclosed amount in back wages, penalties and attorney fees.
The two men claimed they had to attend daily company meetings known as “huddles” that lasted 20 to 30 minutes, but for which they weren’t paid. Likewise, they turned on their computers and loaded programs, reviewed product memos and responded to e-mails before they were allowed to clock in. They also performed other duties after going off the clock at the end of their shifts, the lawsuit alleges.
Workers were regularly denied an hour break for lunch, yet had one hour automatically deducted from their work hours for the meal break, according to court documents. Some workers also responded to e-mails from customers from home but were not paid for that time, court filings allege.
At least 80 of the 212 employees who've asked to join the lawsuit worked in the Roseburg call center, which employed 350. The lawsuit is only open to certain workers; for instance, part-time employees have to sue individually. And there was this eye-opening factoid...
In court documents, the company reported the turnover among telephone sales representatives nationwide averaged 65 percent per year.
I wonder if any of that turnover is related to the reasons behind Dell recently losing the following lawsuit (from an Office of the New York State Attorney General press release).
State Supreme Court Justice Joseph C. Teresi, of Albany County, ruled today that Dell and (Dell Financial Services) engaged in fraud, false advertising, deceptive business practices, and abusive debt collection practices.
...
...“Dell has engaged in repeated misleading, deceptive and unlawful business conduct, including false and deceptive advertising of financing promotions and the terms of warranties, fraudulent, misleading and deceptive practices in credit financing and failure to provide warranty service and rebates.”
In other words, bait and switch. And when it came to tech support provided under warranty or a service contract...
• Repeatedly failing to provide timely onsite repair to consumers who purchased service contracts promising “onsite” and expedited service;
• Pressuring consumers, including those who purchased service contracts promising “onsite” repair, to remove the external cover of their computer and remove, reinstall, and manipulate hardware components;
• Discouraging consumers from seeking technical support; those who called Dell’s toll free number were subjected to long wait times, repeated transfers, and frequent disconnections; and
• Failing to provide rebates that were promised to consumers.
Dell used to be a lot better.
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