Employer Denied Employee Discount

Summary

The user, an employee in South Dakota, was denied a discount by her employer, which led to her account going to collections. She attempted to resolve the issue with her employer and the car rental company but was unsuccessful. She has documented evidence of her attempts to resolve the issue. She is considering filing a complaint with the South Dakota Department of Labor and Regulation or the Attorney Generals Consumer Protection Division. She is also considering seeking legal advice and is concerned about potential retaliation from her employer.

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My employer deprived me of a discount which resulted in my account going to collections
****, could you please clarify if the discount was part of your employment contract or benefits?
Yes it is offered to everyone that works for this company no matter how much or little they work
Did you receive any written communication denying you this discount?
Yes. They claim that because of the portal used to make my reservation they could not make changes to the contract
What state are you located in? This will help me provide the most accurate information regarding your employment rights.
South Dakota
Did you try to resolve this issue with your employer before your account went to collections?
Yes i have documented attempts
What was the response from your employer regarding your documented attempts to resolve the issue?

In South Dakota, if an employer fails to pay agreed-upon wages, you may file a wage claim with the Department of Labor and Regulation.
People were rude. I was hung up on, and i was flat out refused
What was the amount of the discount that was denied to you?

In South Dakota, you can file a wage claim for unpaid wages or benefits with the Department of Labor and Regulation.
I paid *.* they want another *.*. The car rental should have cost me *.*
Did you discuss this discrepancy with the car rental company? In South Dakota, you can also file a complaint with the Attorney General's Consumer Protection Division for unfair business practices.
Yes. They claim that i made this reservation for 2 days which is incorrect. I reserved this rental for a week. It was supposed to be a full size SUV and I received a compact. The lady I made the reservation with assured me I could get my discount using a code which was incorrect as well.
What evidence do you have to support your claim that you reserved the car for a week and not for 2 days?
Nothing because they never sent me a rental agreement to my email as they were supposed to have done
Did you receive any other form of confirmation for your reservation, like a text message or a confirmation number?
Nothing
They had my information all wrong. My name was even misspelled on the agreement that i had to get from the enterprise website
Did you inform the car rental company about the misspelled name and incorrect information on the agreement?
Yes. Over the phone they didn't seem concerned.
What steps have you taken since then to resolve this issue?
Emails. Social media. Phone calls. All documented. They keep telling me that after a car is picked up they cannot change it, but I have also been told that upon bringing it back they could apply the discount.
What was the response from the car rental company when you brought the car back and asked for the discount to be applied?
They assured me that it would be and i didn't pay anything else on that day.
What happened after you returned the car and didn't pay anything else? Did they send you any communication regarding the payment?
Yes I received bills with my misspelled name, and I kept trying to have my discount honored
Did you receive any written confirmation from the car rental company assuring you that your discount would be applied after you returned the car?
No, but I was told last night after i posted about it on their social media that since it has gone to collections now there is nothing they can do implying that they could have prior to that
Did you receive any written communication from the collections agency regarding the outstanding amount?
Not yet
What is the name of the collections agency that your account has been sent to?
Tulsa shared services collections
What is the exact amount that Tulsa Shared Services Collections is claiming you owe?
Original amount owed was *.*. I have not contacted this collections agency because i wasnt sure if that was the right course of action. It is probably more then that amount now.
What is the current status of your communication with your employer regarding this issue?
As of last night being told that it has gone to collections there isn't anything left to communicate.
Have you considered filing a complaint with the South Dakota Department of Labor and Regulation or the Attorney General's Consumer Protection Division?
Yes. Is that my best course of action?
Yes, filing a complaint with the South Dakota Department of Labor and Regulation or the Attorney General's Consumer Protection Division could be beneficial.
What if I get fired?
What is the reason your employer has given for firing you? In South Dakota, it's illegal to fire an employee for filing a complaint about wage and hour violations.
I haven't been fired, but I can imagine they wouldnt be happy if i made a complaint about them to the labor department
In South Dakota, retaliation against an employee for filing a complaint is illegal. You can report such actions to the Department of Labor and Regulation.
Ok. Should i get a lawyer or is there any help to be had in hiring counsel?
Hiring a lawyer can provide you with personalized advice and representation. However, you can also seek help from legal aid organizations if you cannot afford one.
I can not. Which legal aid organizations are the best?
In South Dakota, you can consider contacting East River Legal Services or Dakota Plains Legal Services. They provide free or low-cost legal assistance to those who qualify.
Ok. Is there a strong likelihood that I would win this?
What evidence do you have to support your claim? This could include emails, text messages, or any other form of communication with your employer or the car rental company.
Emails, call logs, text messages, and the conversation I had on facebook messenger last night.
What was the content of these emails, call logs, text messages, and the conversation on Facebook messenger?
I posted on their facebook page, and they commentr
What exactly did they comment on your Facebook post?
To dm them with my name and rental agreement number.
What was the outcome of your direct message to them with your name and rental agreement number?
Christy Peckwith..my name wasn't even right. * my email is kbeck1311@icloud.com phone number * DOB */*/*. Thank you for that information. May I please have your employee id? Thank you. - LauraThank you. Please verify your street address. Kind regards - Laura I have called and called. People have been rude to me and hung up on me. I'm sorry I had to resort to this. * Cactus Dr Rapid City SD * Thank you for that information, Christy. I have reviewed your reservation and see that you booked a regular retail reservation. In order to receive the employee discount, you have to use the www.myehtrip.com website. I see you were placed on the Do Not Rent list. Have you spoken with Tulsa Collections about this? Thanks - Laura Thank you for that information, ****. Do you have an alternate email? The one provided does not match your profile. Thank you. - Laura That's the email all my work emails go to. kristy.a.beckwith@ehi.com that's my ehi login I don't understand why a discount is hard to add on later. Especially considering it being a well known perk of employment. The only way that comes to mind to describe this is wage theft. I will forward your contact information to Tulsa Shared Services Collections. You may also call them at *-*-*. You will need to work with them to get a resolution. Once you are on the Do Not Rent list, we are unable to assist you and you will need to work with Tulsa. Please let us know if there is anything else we can do for you. Kind regards - Laura Yeah thanks so much. In all actuality "Christy Peckwith" is on the do not rent list. I am a loyal employee. Now this is going to be reflected on my credit. I don't know what to think about this. I tried to resolve this before it went to collections..thanks.
Have you considered filing a complaint with the South Dakota Department of Labor and Regulation for wage theft?
Would that be wage theft?
Yes, if the discount was part of your agreed compensation and it was not provided, it could be considered wage theft. You should consult with a legal professional for advice tailored to your situation.
Should I try to get a non probono lawyer for this? Wouldnt that have to be paid for by my employer?
Whether your employer would have to pay for your lawyer depends on the outcome of the case and the specific laws in South Dakota. It's best to consult with a legal professional for advice.
Thanks
What is the name of your employer? In South Dakota, you can file a wage claim with the Department of Labor and Regulation if your employer fails to pay agreed-upon wages or benefits.
Can i have that phone number again?
Sure, could you please specify which phone number you are referring to?