But he was not obligated to according to your agreement. Further, a reasonable person would not record calls or take screenshots of skype in the course of doing their business.
Again, I worded it badly, but it can also be assumed that "evidence of the trade" means full evidene of the entire trade, just as it can be argued the other way. On the second part of your statement, I'd like to add that recording calls and keeping evidence of everything is actually a severely important part of the RSGP selling business. Otherwise, you have no proof to fight the chargeback. The purpose of the phone call is to have the user confirm their information, so not recording it would be as good as never calling the person.
Part 2, e of your agreement with Corey states that a penalty up to $250 applies if Corey is found to have been rude to a customer. You can see how your incentive structure was an issue here. The customer had only to claim that your agent was rude to them and your agent would receive a harsh penalty.
It's a form of an elastic clause. This does
not mean that I would penalize Corey $250 if a customer merely said he was rude. The Sythe rules have a similar clause which could be abused aswell, but the users who agree to them, just as Corey agreed, trust that it will not be abused. Even now, I am not asking for the additional $300 in penalties added to the amount Corey owes me. I am only asking for the direct damaged caused.
If you would like Hahanerd to testify to the effect that you had a second agreement with Corey that he was required to record phone calls, you can have him post in the dispute forum and it can be entered here. However I also would like to point out that recording phone calls may not be legal where Corey lives, and this may outrule any agreement that you had with him regarding the issue.
Here is Hahanerd's full testimony:
http://ww3.sythe.org/showpost.php?p=11234376&postcount=3
In addition, there are no laws against recording calls in Canada as long as you make the customer aware. In fact, I don't even think they have to be aware, as the law states that one party needs to know, or in translation, each party can record the call, but a third party who is not in the call cannot.
Part 3 e is a debatable point, but considering that every single one of your other staff was also found 'guilty' of failing to exercise this 'common sense', I think the 'common sense' of the matter was in fact that these orders checked out.
There were four total staff members caught up in this:
- Corey
- Hahanerd
- Dorian
- Highkid
As Hahanerd stated, workers were fully aware of all of these security procedures and they were fully aware that they could cause huge amounts of damage. Highkid, on the other hand, did follow the procedures and did use common sense, so he avoided causing us any damages, and actually saved other workers from causing further damages. Corey was a senior worker by the time all of this occured, so he should have very well known what he did wrong, and could have easily prevented it. Hahanerd was also at fault but he was more naive, and Dorian's behavior shows that Corey being grouped with other workers doesn't necessarily mean he had common sense: Dorian permitted Mayberry to do a Skype call instead of a phone call. Again, nobody ever called Mayberry's phone number.
You are in business. A risky business. Delivering virtual goods on credit *always* bears the risk of charge back. Your responsibility as business owner is to minimise this risk. -- This means putting in place measures such as a total cap per customer, and transaction pattern detection. --
All of these were infact implemented. The issue is, Corey didn't use this properly. In fact, he did the opposite: allowing Mayberry to bypass the total cap, and looking at the pattern. Yes, it would have been great if the workers were like pawns who had no responsibilities, but that's not true in any business.
It is not your worker's risk. It is your risk. You seem to be under the impression that your workers are required to bear this risk of chargeback on your behalf. However this cannot be so; You have a strict contract with your workers, which tells them exactly what they must and must not do. You specify penalties for failure to obey. In doing so you have transferred any responsibility to yourself. If the strict instructions you give you workers turn out to be inadequate or leads to loss of capital it is not their fault. It is yours.
While we have new systems to minimalize a worker paying back chargebacks, there are occasions where I fully cover the chargeback. In fact, I have done so recently, if the worker follows the procedures carefully and gives me all the evidene I need for the dispute, even if we lose. While we do have strict rules that the worker must follow, this doesn't necessarily mean I will take responsibility if the worker does something wrong. I try to be as understanding as possible, but I show no respect for a worker blatantly slacking off and causing damages by not looking at a few orders he should have checked.
Based on what I've seen so far it would not surprise me if your workers are entitled to their commissions returned.
As I said earlier, the commissions are based upon the percentage of the total sale, so if the total sale is $0 after a chargeback, the commission is returned. The old commission system gave workers a large chunk of the sale, while having them assume a large responsibility. This is the reason they are independent contractors for our website and not hourly workers. While I have fine-tuned this to where they are paid less with lower responsibility for chargebacks with our new system, this doesn't make Corey any less responsible on the old system.
This said, your case against Corey is still open if you wish to post any additional evidence. As I've already said repeatedly: so far I see no evidence to suggest he either broke your contract or acted negligently.
Well, unfortunately, the only other evidence I can provide is proving a negative, and unfortunately, while Corey never did the call and never showed any type of proof to show likewise, he can get away with it in this situation. All I can say is thank you for helping with the dispute, but I think this is as far as it will go. I do ask that if you're willing to, please take a look at these two documents and show me where they are flawed, so a similar situation to this doesn't happen if a worker is negligent:
Contract -
https://docs.google.com/document/d/1pw5UUjMkwsgo6387YzMX62wNhcenJC6H9H2J9aHdrNg/edit
Codes of Conduct -
https://docs.google.com/document/d/1MpWHrjnOdLargqfsG3e193qKecqUeaNpVnVUCuO8TL0/edit
(edit) Might I add that the goal is to be as fair as possible to workers while I protect myself from possible abuse and excessive negligence. I think there are portions of it that are overprotective of me and parts that I could abuse, but again, we're assuming that I can be trusted enough as a person not to do that. I just can't afford to have them steal stock, or completely disregard our security steps and receive no repercussions for it. I also cannot give them the opportunity to damage the business by sporadically leaving or getting paid and then scamming the stock, which is why we have roll-overs and holds.