So what kind of things might be considered fraud in the Comcast Enterprise Account Executive hiring process?
Is it fraudulent to withhold the compensation plan from a salesperson until after they have agreed to take the position?
Most HR professionals and employment attorneys would recommend that an employer provide complete details on the compensation plan BEFORE hiring someone, so that no claims of representation can be raised. Comcast has chosen to withhold the Enterprise Account Executive compensation plan until AFTER they hire you. Why? Good question. Could it be because they know it’s not a competitive plan compared to others? Could it be because they want to over-inflate the earnings potential in the interview and not give you a way to verify it? Could it be that you’d be able to calculate how little the percentage is based on the contract value, or how long it will take to pay you the commissions?
Does Comcast’s refusal to provide the compensation plan in advance of hiring show a purposeful intent to defraud? That’s a great question to ask an employment attorney.
What would be considered a Fraudulent Comcast Enterprise Account Executive Offer Letter?
When an offer letter lists a target compensation number, how far off can it be before it’s fraudulent? For example, a typical Comcast Enterprise Account Executive offer letter lists a target compensation of $115,000 for the first 12 months. (see a real Comcast Enterprise Account Executive Offer Letter HERE) What percentage of sales people should be realistically hit that number in their first year for it to not be fraudulent? 90%? 50%? 5%? I’d argue that an offer letter target compensation should be one that 50% or more of the salespeople are hitting. I’d argue that if less than 3% of people ever hit a compensation number, it could be considered fraudulent.
So what’s the truth at Comcast? How much is the average first-year total compensation for a Enterprise Account Executive? Be sure you get that answered as one of your many questions you ask in the interview process.
My compensation estimates based on my first year, and on the first year of the other three new EAE’s on my team, is that Enterprise Account Executives on average make about $86,000 in their first year. Based on this estimate, the $115,000 offer letter target is overstated by 34%.
So is a one-third overstatement of the average compensation a fraudulent offer letter? Put another way, how would feel if you earned $29,000 less than you expected to earn in your first year, knowing that you’re doing as well as you should be, and as well as others are doing? What if it caused you to need to get a second job to pay your family bills? I’d call it big time fraud, but that’s just me.
In the interview process, is it fraud to provide half-truths, misleading statements about guaranteed commissions and huge overstatements on the earnings potential of a job?
Is it fraud that Comcast Company recruiters and management can say ANYTHING they want in the interview process, yet disavow everything that was said using a clause in the offer letter? That’s the situation when interviewing for the Comcast Enterprise Account Executive position. Here’s the clause from the Comcast Enterprise Account Executive Offer letter:
It should be noted that the above description of your wage, job title, benefits and other information in this letter is not intended to create a contract for a specific term of employment and that your employment with Comcast is at-will. Further, any oral or written promises or commitments made during the pre-hire process are not valid unless contained in this offer letter.
Their ability to lie about the position is compounded by the fact that they won’t give you the Compensation Plan for you to confirm what you’re told.
Is it fraud to give a potential employee only two days to decide on an offer letter?
Probably not fraud, but it should raise some serious questions why they use this practice. So be warned: If you do get an offer letter for the Comcast Enterprise Account Executive position, be aware that you will only have 48 hours to get all your questions answered and make a decision. Why only give 48 hours? Maybe they want to use time urgency to get you to make a decision without collecting more information? Ask yourself this question… if you are a very desirable candidate and have already passed the gauntlet and gone through three interviews, why wouldn’t they give you a week to discuss the position with your family, interview others currently in the position, etc, making sure you make a good and informed decision?
Is it fraud to include a clause in the offer letter that requires you to make a special request of a Comcast department to get the full details? (Keeping in mind you only have 48 hours to respond to the offer letter before it is withdrawn)
Is it fraud to say that you’re including a brochure with the offer letter and then not send it? Probably not outright fraud, but again it begs the question WHY do it?
In the paragraph that talks about all the rights you will be giving away when you go to work for Comcast, including the right to sue Comcast in court, and to file a class action lawsuit, it says…
Comcast has a dispute resolution program for its employees, known as Comcast Solutions, which provides a three-step process (facilitation, mediation and binding arbitration) for resolving a variety of workplace legal issues should there be any that arise between you and the Company during or after your employment. A brochure with information and directions on how to obtain additional information related to the program is being provided to you along with this offer letter. Please review this information carefully, as the program affects the legal rights of both you and the Company (including a waiver of the right to bring a civil action in federal or state court or before a civil judge or jury, as well as a waiver of the right to bring or participate in a class action, collective action or representative action). If you cannot locate the brochure, have any questions or need additional information regarding Comcast Solutions, please call, toll free, 855-838-4180, or email to Comcast_Solutions@cable.comcast.com. By accepting this offer of employment with the Company and signing below, you acknowledge that you understand the terms of the Comcast Solutions program and also acknowledge that both you and the Company agree to participate in and be bound by the terms of the Comcast Solutions program.
It may not be outright fraud, but it seems to me to be a case of very purposefully withholding information while making it hard for you to get the information you need. A simple link to a webpage would provide the information. Why don’t they provide a link to make it easy for you to get the information? Maybe they aren’t proud of the facts or the nature of their dispute resolution program.
You should work with an experienced Employment Attorney if you feel you were misled or a victim of fraud in the Comcast Enterprise Account Executive hiring process.
One thing that’s sure, distrusting your employer is no way to start an employment relationship. Knowing that your employer has purposely withheld the facts, distorted the truth, and lured you into a position that is not as represented is a horrible way to begin an employee-employer relationship.
Another thing that’s for sure is that employers who fraudulently misrepresent positions to lure you into them can cause financial damage to the person accepting the job. These financial damages should be paid for deceptive business practices.