Tuesday, January 11, 2011

Go Read Pharmalot -- On Ex-Merck Rep's Firing/Retaliation Suit, Out Of Maryland

One preliminary note (not mentioned in Ed's piece): it appears that these were actually a legacy Schering-Plough supervisor's (alleged) misdeeds -- not a pre-bust-up Merckie's malfeasance. That is significant, as once again, Merck is stuck cleaning up a mess Schering-Plough (allegedly) made.

Do go read all of it, over at Ed Silverman's fine site -- Pharmalot:

. . . .In late 2007, [the employee's supervisor] was transferred to a new position, and [Schering-Plough's] Merck’s ethics office eventually determined that he acted improperly by forcing [Jennifer Scott, the complaining rep, to put] credit card charges [of another rep, on her corporate card] and that [the manager's] promotional exhortations were "inconsistent with company policy," according to court documents. But even though he was no longer Scott’s supervisor, [Schering-Plough] Merck allowed [the ex-supervisor] to conduct Scott’s 2007 performance evaluation. And guess what? In January 2008, he met with Scott and fired her.

And so Scott filed a lawsuit, claiming her termination violated Schering-Plough/Merck’s own non-retaliation policy. . . . last November, the federal District Courts rejected Schering-Plough/Merck’s attempt to dismiss the case, which went to trial yesterday. . . .

We will report the outcome, here when available -- up; down -- or settlement.


Anonymous said...

The law suit seems to indicate she worked for Merck; I think you identified a former SP rep with the same name

condor said...

The problem here -- and I am sourcing it, as I type this -- is that as of November 3, 2009 (before the federal suit was filed), Schering-Plough's name became Merck.

Schering-Plough was the surviving company -- not "old" Merck (see the J&J arbitration related contortions).

So, when the lawyer filed the federal case, she needed to name "Merck".

I am presently running down the earlier-filed STATE Circuit court (Maryland) case -- which (presumably was filed before November 3, 2009). In late 2010, "New" Merck removed the state court case, to federal court, in Maryland -- as is its right, under existing law. But buried somewhere in the Maryland state court archives, is the older suit -- presumably filed prior to the bust-up's closing date -- November 3, 2009.

I will report back -- but the one depicted lists her Merck/Schering-Plough experience in the past tense (on LinkedIn, and Bespoke) -- she ended all relations with either company in March 2010.

It is also possible (but not entirely likely) that "New" Merck had hired her, post the bust-up's close, but let her go, by March of 2010.

I'll update when I know more, or hear from the involved parties.


Anonymous said...

Jennifer was a "legacy" SP (key/Kenilworth FF) in the Houston District. She started working for Schering Plough in early 2008, before the merger was announced.

condor said...

Thanks, Anon.!

She won $555,000 from New Merck, yeterday!