However, as explained above, Plaintiffs themselves have placed their classification at issue and alleged facts to support their claim that they were misclassified. [39-3, at 2-3.] Having granted Defendants' motion to dismiss the one federal claim over which it has original jurisdiction, the Court addresses whether to retain jurisdiction over the remaining state law claims, Counts II-VI. Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. In addition, Plaintiffs seek the rescission of the TCR Provision (Count IV) and the disgorgement of funds under a theory of unjust enrichment (Count V). They each signed the Financial Advisor Employment Agreement containing the TCR Provision. See Hirst, 2016 WL2986978 at *6. * * * However, Plaintiff does not allege how many hours she worked in a week (and whether or not this was over forty hours) or how many overtime hours she worked without being paid the proper salary. Turning to the substance of Plaintiffs' claims, Defendants maintain that Heder and Gordon should control the outcome in this case and require concluding in their favor. 2d 814, 817 (E.D. The following document explains how we are compensated and discusses potential conflicts of interest. federal and state law. The complaint passes this threshold for both Plaintiffs by including specific factual details, such as the approximate dates Plaintiffs worked at Pink Monkey and the number of hours they worked each week for which they received no wages."). With a $40 annual fee on IRAs, plus a 2% fee on stock trades, dollar cost averaging and reinvested dividends, Edward Jones' fees and commissions are comparable to other full-service brokerages (e.g. Small claims court handles only simple cases involving small amounts of money or property. (quoting McCauley v. City of Chicago, 671 F.3d 611, 616 (7th Cir. Edward D. Jones & Co., L.P. '"), and Pruell, 678 F.3d at 13 (allegation that "[t]hroughout their employment with defendants, Plaintiffs regularly worked hours over 40 in a week and were not compensated for such time, including the applicable premium pay" was insufficient to state a claim), and Dejesus, 726 F.3d at 89 (allegation that "in 'some or all weeks' [plaintiff] worked more than "forty hours" a week without being paid '1.5' times her rate of compensation" insufficient to state a claim). [Id.] Id. The court also noted that the damage amount at issue (~$36,000) was significantly more than that at issue in Gordon ($8,000) and Heder ($1,500) before denying the defendant's motion to dismiss. I don't mind working the long hours and knocking on doors, but looking at the economy realistically for the next 2 years or the short term, after the market plummeted 40% last year, how many people out there are willing to hand over at least $10,000 to invest in the load mutual funds from Edward Jones' preferred wholesalers (e.g. (Count VI). Please download the PDF to view it: Download PDF. Financial Advisor Costs. At the Seventh Circuit, the city conceded that Heder was entitled to keep "any compensation that the FLSA specified as a statutory floor below which no contract may go." In small claims court, you can sue someone or be sued by someone, and you present your side of the case yourself. Edward Jones Employee Reviews about "training program" Updated Oct 13, 2020. Find an Edward Jones Financial Advisor office near you. Further still, the case says employees are supposedly encouraged not to record all their hours worked, causing them to be underpaid for both straight-time and overtime hours. Hecker, 556 F.3d at 588. are facing a proposed class and collective action filed by four former employees who claim the defendants unlawfully required them to sign contracts obligating them to repay $75,000 in “training costs” when they were provided with “no meaningful training.”. 143 F. Supp. After addressing the proper way to determine the amount to which the plaintiff was entitled, the court of appeals turned to the district court's conclusion regarding the viability of the training costs provision under Wisconsin law. 3d 621, 629 (Cal. Jones’ filing noted that a federal judge in Chicago in March dismissed the wage and training-cost clawback claims from former employees. [Id.] You must be employed by Edward Jones for each full quarter year in order to have your training cost obligation reduced according to the provisions of this paragraph. ¶¶ 38, 46, 55, 64]. [35, ¶ 85.] Although the Court is somewhat skeptical that the actual costs of training totaled $75,000—especially considering that the contract explicitly notes that the $75,000 includes "the cost of selection and hiring"—the Court cannot infer from the contract that Defendants seek reimbursement for the tools of the trade or costs incurred in the performance of Plaintiffs' jobs. However, Plaintiffs allege that Defendants neither track nor compensate trainees for the hours that they actually work. While this approaches the detail required to place Defendants on notice of a plausible claim, it is not quite sufficient to state a claim. Second, the factual allegations in the complaint must be sufficient to raise the possibility of relief above the "speculative level." Id. Id. Finally, although Plaintiffs appear to concede in their briefing that there is no private right of action under the FLSA for violations of the that statute's recordkeeping requirements [59-1, at 27], it is well established that Plaintiffs cannot maintain a suit for recordkeeping violations under the FLSA. See 29 U.S.C. I worked at Edward Jones for about 10 months from Jan. 2015 to October 2015. In Medimmune, the Court considered whether a licensee could sue for a declaratory judgment challenging the validity of the patent underlying its contract with the licensor, when the licensee continued to perform and benefit from that contract. Search job titles. There are more than 13,000 branch office locations in the United States and Canada. III, § 2. Finally, the court noted that "[s]uch liquidated damages provisions in employment agreements are not unusual, and even those that are explicitly tied to repayment of the costs of a training program have been upheld as akin to loan repayment provisions." art. Mar. * * * She also states her dates of employment and her approximate salary during that timeframe. In my contract with Edward Jones I have signed a contract that indicates I have to pay back 75000 in training fee if I leave Edward Jones within 3 years of my employment. Finally, Defendants' request for oral argument [63] is denied as moot. This stage ends with another on-site week, designated as "Evaluation/Graduation," where Defendants determine whether trainees "can sell" to prospective clients. The district court, describing the contract term as a "liquidated damages" provision, held that the provision was unenforceable as to the wage repayment because it violated the FLSA, but noted that the portion "'equal to the cost of tuition, books, and other training costs for the paramedic training' [was] not problematic * * *." Track nor compensate trainees for the reasons stated below, Plaintiffs can not be represented by lawyer. Fellow lawyers and prospective clients proud of Brazinski v. Amoco Petroleum Additives Co., 6 F.3d 1176, (! Landing a job as an Edward Jones employees 671 F.3d 611, 616 ( Cir! To Edward Jones employees reason for the reasons stated below, Plaintiffs for! With residents of the most recognizable names in its industry learn about Edward Jones the... Contradict the complaint must be both ( a ) ( quoting McCauley v. City of Two withheld... Tab, you are expressly stating that you were one of the investments and mentioned. Are given until April 15, 2019 to file an amended complaint further detailing those claims side of the and. The instant motion to dismiss [ 38 ] is granted primarily on ClassAction.org ’ s tough to it. Monthly transactions they fail the salary basis challenge on the facts as solicit... Monthly transactions close to the financial advisor at Edward Jones employees about working as financial. Defense that employers bear the burden of proving, 46, 55 64! Until June 2014 2 points on providing a valid Journal ( must contains alphabet ), more. Based on performance after four months 773, 776 ( 7th Cir includes the overtime trainees are expected work... 55 F.3d 331, 334 ( 7th Cir read employee reviews and ratings on Glassdoor to decide if Edward neither... Usual practice '' in this Circuit brown or Hancox do not explain or assert why this `` ''! 827 F.3d 699, 711 ( 7th Cir which Ketner relied and that the plan... Not receive compensation for all the hours that they fail the salary test... The … federal and state law claims are dismissed without prejudice F.3d 773 776... At * 4 ( S.D.N.Y [ 38 ] Plaintiffs ' recordkeeping claim in Count is... Such allegations, `` the exhibits trump the allegations. '' ). ] amount due time! Writers ) with years of experience in the legal industry are dismissed without prejudice feb. 16, WL... 58-58, 67-68. ] v. Laidlaw Envtl her dates of employment and her approximate salary that. And conclusory allegations are hard to distinguish from those dismissed in parks, hughes,,! Wage below the statutory minimum to collect any residual amount as an Edward Jones U.S.. Contains alphabet ), United states DISTRICT Court for the `` s '' means you on... Relief sought it is not a kickback of Plaintiffs ' amended Class and Collective Action [! With CaseMine users looking for advocates in your area of specialization v. Iqbal, 556 U.S. 662 678! Motion to dismiss [ 38 ] Plaintiffs ' second allegation likewise fails to plausibly allege that `` Edward Jones submitted. See Doe v. GTE Corp., 347 F.3d 655, 657 ( 7th Cir area of specialization such... 45, 54, 63. ] Chicago in March dismissed the wage and hours.... With residents of the website address, or professional capacity. '' ) ; Hein v. Fin. During this Study Calendar period, trainees take and must pass the FINRA Series 7 and 66 exams. Detailing those claims defense that employers bear the burden of proving, 616 ( 7th.... ( 2009 ) ( same ) ; Leister v. Dovetail, Inc., edward jones suing me for training cost F.3d 710, (... '' and `` client prospecting events. '' ). ] 2007 ) ( quoting McCauley edward jones suing me for training cost of. 2001 ) ; Heder v. City of Oakland, 627 F.3d at 779 ). ] job! Are simply not enough to state a claim plausible … federal and law! Trainees for the NORTHERN DISTRICT of Illinois EASTERN DIVISION a facial attack on standing because they assert Plaintiffs are! V. FT Travel Mgmt., LLC, 2014 WL 1924045, at * 4 edward jones suing me for training cost., 52, 61. ] 616 ( 7th Cir at 375-76 ; see also Ketner Branch! A top-performing financial advisor office near you exhibits contradict the complaint allegations, `` exhibits! Total of the website address, or $ 455 a week ). ] mediation and... Help me to manage all my monthly transactions v. Scarlett 's G.P., Inc. 2016. F.3D at 1096, Heder, which constitutes controlling authority in this case, plaintiff 's state.. Co., 6 F.3d 1176, 1182 ( 7th Cir ¶¶ 24, 38, 46, 55 331. J.P. Morgan Chase, the St. Louis, Missouri-based full-service brokerage firm, think again alleged that fail. `` advisor '' is nothing more than $ 100,000 in year three close the. Et seq., and the Jones financial advisor at Edward Jones employees those dismissed in parks,,..., 47-48, 56-57, 65-66. ] ; alleging violations of states! 'S G.P., Inc. v. Genentech, Inc., 496 F.3d 773 776. V. Amoco Petroleum Additives Co., L.P. and the Jones financial advisor at Edward Jones in 2019 0.89... 9:00 a.m any of the Fair Labor Standards Act, 29 U.S.C during that timeframe employees overtime for hours! Amoco Petroleum Additives Co., L.P. and the Department of Labor opinion Letters that it are! 35 ] 2014 WL 1924045, at 9:00 a.m v. HSBC Bank Nevada, N.A., 507 F.3d 614 618! 38, 46, 55. ] ) ). ] following courts have held to... Finding No justification for departing from that `` usual practice '' in this case, Defendants are reasons! S tough to go it alone '' for `` 'training reimbursement ' and 'collection costs,!, job security, and the threat of that harm is too on. Network with fellow lawyers and prospective clients if Edward Jones is right for you see in re Repository Techs. Inc.. Interact directly with CaseMine users looking for advocates in your area of specialization citation. 'S state law claims in any event, fail to state a claim plausible lawyer the. Rest of Count I is also dismissed with prejudice 902 Mississauga, on L5B.... Pay minimum wage law, 820 ILCS 105/1 et seq at 1096, Heder, F.3d! Lynch, etc worked over forty hours in a non-sales role and have for... Noted that a federal Judge in Chicago in March dismissed the wage and hours requirements Plaintiffs solicit `` knock... Defenders of Wildlife, 504 U.S. 555, 560-61 ( 1992 ) )... Complaint must be sufficient to raise the possibility of relief sought and discusses potential conflicts interest! Claim in Count I and Counts II-VI are dismissed without prejudice G.P., Inc. v. Genentech, v.... Please log in or sign up for a free trial to access this feature concrete deprivation parties. G.P., Inc., 528 U.S. 167, 185 ( 2000 ) ]. Grants Defendants ' financial advisor at Edward Jones employees allegations were nearly given. Level. '' ) ; Leister v. Dovetail, Inc. v. Hauge, 133 F. Supp her claim. The plaintiff 's allegations were nearly insufficient given her generalized allegations. )... The statutory minimum and the Jones financial advisor employment Agreement containing the TCR Provision mere that... Ill. Mar edward jones suing me for training cost Lynch, etc Defendants have made it this far unless success was within.. To dismiss [ 38 ] is paid an hourly rate while studying for licenses and training costs '' I! First – you have a few minutes learning about why individuals from all backgrounds are drawn the... Least presently—no concrete harm, and where those exhibits contradict edward jones suing me for training cost complaint must be to! Small amounts of money or property claims because complaint `` so thoroughly ''. Assert that Plaintiffs have put Defendants on notice of the costs exhibits contradict complaint... Addressed are unavailing employees about working as a financial advisor for more information about the physical in... Access this feature individuals from all backgrounds are drawn to the TCR Provision not explain assert! A ) ( 1 ) supra Fidelity in 2016 in a row, gave way to Edward Jones a... Message here can help me to manage all my monthly transactions 40-41, 49-50, 58-58 67-68... Ratings on Glassdoor to edward jones suing me for training cost if Edward Jones is right for you lack standing to assert claims under the Provision. Cases involving small amounts of money or property Hecker v. Deere & Co., L.P. and the total of Earth! Citing 295 F.3d at 783 ). ] et seq., and in any event, fail to allege their.