Jones v. Bank

Discrimination Harassment Retaliation

Hunter Pyle Law is proud to represent Diana Jones with respect to her former employment with a major financial institution (“Bank”).

Ms. Jones, a 67 year old woman, was a faithful, hardworking employee of Bank for 39 years.  Prior to 2014, she consistently received positive performance reviews, raises and promotions.  For example, by the end of 2013, Ms. Jones had achieved one hundred and forty percent (140%) of her goals for that year.  Other than in 2014 and 2015, Ms. Jones regularly received annual bonuses based on her performance.

Ms. Jones’ last job at Bank was as a Senior Personal Banker (“SPB”).  In that capacity, her job duties consisted of trying to get existing B of A customers to purchase additional financial services from B of A.  She worked in Oakland.

In mid-2014, Ms. Jones missed some time from work due to sickness, stress, and a recent family death.  As a result, her sales fell.  Ms. Jones was able to improve her sales significantly by August 2014.  Nevertheless, the new Consumer Market Manager (“CMM”) who oversaw her branch, warned Ms. Jones that her sales were unacceptable.  The CMM also threatened to fire Ms. Jones.

Additionally, Ms. Jones’ manager began to ask her when she was going to retire.  Ms. Jones was then instructed to train a woman who appeared to be 30 years younger to take her place.

Ms. Jones believed that she was being unlawfully discriminated against and harassed and sought assistance from the Department of Fair Employment and Housing (“DFEH”).  Ms. Jones filed a claim with the DFEH for discrimination, harassment and retaliation.  The DFEH sent her a Right-to-Sue letter.

Ms. Jones’ sales were up and down in late 2014 and into 2015.  However, it is undisputed that her sales improved dramatically in July and August 2015.

Nevertheless, on August 28, 2015, the CMM told Ms. Jones, “Your sales have been good this quarter, but not good enough.  You have 30 minutes to decide if you want to resign or be terminated.”  Ms. Jones was forbidden from making a phone call or consulting with any third party.  When Ms. Jones refused to resign, the CMM terminated her.

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