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.


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