Thomson man leads suit against Allstate

Posted: Sunday, March 09, 2003

THOMSON -- Ron Harper does the same thing every morning.

He walks into his Thomson office wondering whether his computers will

turn on.

His apprehension has nothing to do with the power company and everything

to do with whether his employer, Allstate Insurance Co., has terminated

him.

"Sometimes the computer's gone down and when it happens I think, 'Maybe

that's it.' "

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Harper, who has lived and worked in Thomson since 1996, fears

retribution from one of the America's largest insurance corporations

because he's one of 29 primary plaintiffs who have filed a suit against

the company alleging age discrimination and breach of contract, among

other things. So far, the suit is awaiting class action approval from a

judge before 6,500 Allstate agents will join in, the Equal Employment

Opportunities Commission has signed on and AARP has agreed to

participate as co-counsel.

Last Sunday, Harper was featured in an article in the New York Times

Magazine on the court battle, which included a picture of him at his

office. The suit, which is in its preliminary stages, stemmed from the

"conversion" -- as Harper calls it -- of 6,500 Allstate agents. He said

agents were told they would be terminated if they didn't relinquish

their benefits and retirement savings and become independent contractors

instead of true employees.

 

Ron Harper holds a copy of the New York Times Magazine article about the class-action lawsuit he is involved in against Allstate Insurance Co.

Photo by Elwood Hamilton

More than 90 percent of those agents given the ultimatum were 40 years

old or older, including Harper. He and his fellow plaintiffs are suing

on the basis that Allstate tried to save money by eliminating hefty

pensions due to older workers, which they say is age discrimination.

When Harper -- who had spent thousands of dollars of his own money to

promote his business -- realized what was going on, he immediately took

action.

"I knew there would be a lot of people upset, so I began a cyber

newsletter called Runningclock and invited agents to come in and talk

about what was going on. That started out with me and two people, and

it's grown to a couple thousand people now."

It's been a rocky road for the embattled agent, whose cause has been

discussed in The St. Louis Post-Dispatch, The Chicago Tribune, and on

National Public Radio. In the recent New York Times Magazine article,

Harper's suit was called a "watershed" moment for age discrimination.

Meanwhile Allstate has filed a counter suit. Allstate officials have

posted a response to the New York Times Magazine article on their

website, saying the piece is "riddled with inaccuracies and overreaching

assumptions."

"The plaintiffs in this case would like people to believe that Allstate

fired them because they were old and treated them unfairly," it said.

"However, nothing could be further from the truth."

On Thursday, Allstate spokesman Mike Trevino said that the company is

deeply disappointed in the New York Times Magazine piece.

"The allegation of age discrimination in the implementation of the

independent contractor position is completely false," he said. "Allstate

treated its agents the same, regardless of age."

Because of Runningclock, Harper has become the spokesman for a group of

employees who feel they've been wronged, even if he's too modest to

admit it outright.

"There's nothing like having righteous indignation, but I don't look on

myself as being a leader, I really don't," he said. "I'm just somebody

who got angry and said what he felt like was wrong and if other people

have lined up behind me on that, that may be being what a leader is, but

I don't look on myself as being a leader.

Harper is quick to draw a line between the product Allstate offers and

the people who manage the company.

"My odds are not with the company -- the product I sell is an absolutely

fine product -- my issues are with the management that has taken over

this company that in my opinion is using that to their own self-serving

needs," he said.



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