COLLECTIVE BARGAINING ACTION - THE WARN ACT

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Anonymous

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*****NOTICE TO ALL LAID OFF MEDICIS EMPLOYEES *****

Some employees are banding together to seek legal advice with respect to the waiver of the WARN Act that Valeant has requested we sign. We will post the contact information for this attorney on this forum for those of you who may have questions.

If you waive your WARN Act rights, you may be losing some benefits from Medicis to which you are legally entitled.

NOTICE TO VALEANT PHARMACEUTICALS: This is a collective bargaining action and as such is protected communication. You must leave these posts on this forum for Medicis employees to read.
 












I think that if your confused seeking legal consultation is the way to go, for advice. But if you are seeking to "fight" you will have an awakening....Valeant isn't doing anything wrong. By law they have to offer us 60 days of pay, etc they are doing that. IF your severance package offered by Medicis is larger than the WARN act then you can take that one instead. You won't get the extended health benefits, vacaction accural, etc but if the difference is great enough - does it matter. And if you need the benefits - take the 60 day WARN act package instead. It's pretty simple. Don't be greedy, the law doesn't say a severance package is even necessary.
 






Anonymous said:
I think that if your confused seeking legal consultation is the way to go, for advice. But if you are seeking to "fight" you will have an awakening....Valeant isn't doing anything wrong. By law they have to offer us 60 days of pay, etc they are doing that. IF your severance package offered by Medicis is larger than the WARN act then you can take that one instead. You won't get the extended health benefits, vacaction accural, etc but if the difference is great enough - does it matter. And if you need the benefits - take the 60 day WARN act package instead. It's pretty simple. Don't be greedy, the law doesn't say a severance package is even necessary.
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What you are saying is very true. The issue is, you are saying things so clearly and so succinctly that one could interpret this as a sure sign of layoffs to come very soon. This clarity portends the future, take heed, my friends.
 


















Valeant told Medicis HR to tell employees that they wouldn't be laid off until Feb because of WARN. Valeant found a way out of it and changed their minds because being sued is cheaper than paying out. WARN isn't the issue- it is the misinformation. There are many witnesses. They expect to be sued.
 






Anonymous said:
What you are saying is very true. The issue is, you are saying things so clearly and so succinctly that one could interpret this as a sure sign of layoffs to come very soon. This clarity portends the future, take heed, my friends.
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Your a little behind, we are being laid off already, were told Tuesday 12/11/2012.
 






Anonymous said:
Valeant told Medicis HR to tell employees that they wouldn't be laid off until Feb because of WARN. Valeant found a way out of it and changed their minds because being sued is cheaper than paying out. WARN isn't the issue- it is the misinformation. There are many witnesses. They expect to be sued.
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I disagree. When the Medics severance package was being created back in Sept they included 60 days in it for every employee to meet the WARN act requirement. Then at the 4 year+ mark you could get extra money for your time with the company. What happened about 2 weeks ago is that they were notified that wrapping the WARN Act 60 days pay into a severance package is not legal. So they didn't want to have pay everyone extra money than originally decided, so they are offering one or the other, as long as you release your rights.
Once again, don't be greedy people....sign your relase and take your severance package. All we are owed by law is 60 days, be grateful you have more than that.

(I won't even get into the fact we were told on Labor Day and you should have saved your money, cut back your expenses, and tried to find another job by now)
 






Anonymous said:
I disagree. When the Medics severance package was being created back in Sept they included 60 days in it for every employee to meet the WARN act requirement. Then at the 4 year+ mark you could get extra money for your time with the company. What happened about 2 weeks ago is that they were notified that wrapping the WARN Act 60 days pay into a severance package is not legal. So they didn't want to have pay everyone extra money than originally decided, so they are offering one or the other, as long as you release your rights.
Once again, don't be greedy people....sign your relase and take your severance package. All we are owed by law is 60 days, be grateful you have more than that.

(I won't even get into the fact we were told on Labor Day and you should have saved your money, cut back your expenses, and tried to find another job by now)
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I agree with you on most of what you say. But the mistake was made when people in authoritative positions were told to deliberately pass on information that was presented as fact when it was not. If no one will admit to it and there was never anything in writing then it was a rumor and no one has a right to complain. If there is something in writing somewhere and people admit it- its a problem. Don't think people are being greedy. They just trusted HR because it was stated as fact and they delayed looking for jobs for two months because of it.
 






No offense, Valeant HR, but we want to pay into the 401K plan in 2013, and we want COBRA coverage to start then. Cutting us off with this WARN waiver is not legal. You are cutting off our COBRA opportunity by two months at the end and denying us the opportunity to make a significant contribution to our 401k.

We are going to FIGHT this.
 






I've been through 4 acquisitions and 5 RIFs - all under the timeframe of the WARN Act, and in each of those events, the agreement was to offer employees the greater of the two options depending on their length of service. Keep in mind that companies change terms all the time - even up to the last hour. Just because Valeant didn't honor their original agreement doesn't mean they couldn't do this (offering two months severance is, in fact, the most common way of dealing with WARN) - what it does mean is that they don't have much integrity but then we knew that already. Word to the wise... I would NOT follow the advice on this board and refuse to sign - have the agreement reviewed by an attorney by all means, but don't risk the loss of your severance thinking you'll do better in a lawsuit.
 






Anonymous said:
No offense, Valeant HR, but we want to pay into the 401K plan in 2013, and we want COBRA coverage to start then. Cutting us off with this WARN waiver is not legal. You are cutting off our COBRA opportunity by two months at the end and denying us the opportunity to make a significant contribution to our 401k.

We are going to FIGHT this.
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You're stupid. Don't you think Valeant has attorneys review this over and over for possible instances where they may be sued? They're not dumb. In fact, they are more thought out than any of us. Go ahead and fight this if you think you're going to get anywhere. But I guarantee if you decide to fight you will pay more in legal fees and hassle than it is worth. This isn't like a whistleblower lawsuit where the payout could be millions. We're talking about a few months pay and benefits. Take the package and look for a new job.
 






Anonymous said:
You're stupid. Don't you think Valeant has attorneys review this over and over for possible instances where they may be sued? They're not dumb. In fact, they are more thought out than any of us. Go ahead and fight this if you think you're going to get anywhere. But I guarantee if you decide to fight you will pay more in legal fees and hassle than it is worth. This isn't like a whistleblower lawsuit where the payout could be millions. We're talking about a few months pay and benefits. Take the package and look for a new job.
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True that the payout is only going to be 2 months wages. Not true that you will pay a bunch of legal fees. The government attorneys (Dept of Labor) will hold them to the law and you don't have to hire a private attorney. Point taken that it won't be worth it since you'll get the same pay and Valeant will only recieve a $500 fine. Valeant won't contest it and would pay the fine and the wages (same as severance). There is no one left in HR to contest it and we have seen how good the Valeant HR is. They can't mail merge a severance agreement correctly. The screwed all the numbers up. But that is what happens when you change things at the last minute. What a circus.

Good luck with those Solodyn numbers Valeant. You may have to fire the 20 people left in Scottsdale to hit your synergy numbers since the Medicis revenue is so horrible. Glad Valeant bought when they did. Full bonus and severance in a year that definitely would not have been paid a full bonus. Sorry for the Medicis reps that hung on for the big compensation multiplier. No one will hit on Solodyn this quarter so $0 * 1.5 still equals zero.

Just to clarify for the analysts out there. 85% of guidance on Medicis revenue. Jonah made more than Medicis this quarter.
 






Don't be shocked when they don't pay the sales force 2 months like they did at the corporate office. Its going to be different. They are trying to find a way to screw the sales even worse.
 












Anonymous said:
Don't be shocked when they don't pay the sales force 2 months like they did at the corporate office. Its going to be different. They are trying to find a way to screw the sales even worse.
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It doesn't matter what they do to the sales force - the second we funded and their stock vested they are all rolling in ca$h, sooooo much more than any bonus.
 






Anonymous said:
You're stupid. Don't you think Valeant has attorneys review this over and over for possible instances where they may be sued? They're not dumb. In fact, they are more thought out than any of us. Go ahead and fight this if you think you're going to get anywhere. But I guarantee if you decide to fight you will pay more in legal fees and hassle than it is worth. This isn't like a whistleblower lawsuit where the payout could be millions. We're talking about a few months pay and benefits. Take the package and look for a new job.
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"You're stupid." Whomever you are... constantly calling people names, what is your issue with yourself? Did daddy call you dumb all the time?

You begin, end or make the middle of EVERY SINGLE ONE OF YOUR COMMENTS, with insults to people's intelligence.

Do you believe you are the only smart person? Or that your brand of intelligence is the only valid brand? This is a mental illness, just so you know. Get some help.
 






Amazing, Medicis stock ticker MRX can not even be found in the market anymore. As if it never existed.
The vast majority of people who's careers have pasted through that company with little but devastating results to their souls and their families.
He who once was touted as having the midas touch for some 25+ years, is now seen simply stuffing his pockets with the loot of robber barons, and slinking away from the carnage he rout, hundreds of people slaughtered over that quarter century; but he has his gold and silver and scampers off to his next immolation.

Now listen, you who say, "Today or tomorrow we will go to this or that city, spend a year there, carry on business and make money." Why, you do not even know what will happen tomorrow. What is your life? You are a mist that appears for a little while and then vanishes.
James 4:13-14.
 






Here are some words of comfort from the Word of God.

Psalm 37

Fret not yourself because of evildoers;
be not envious of wrongdoers!
2 For they will soon fade like the grass
and wither like the green herb.

3 Trust in the Lord, and do good;
dwell in the land and befriend faithfulness.
4 Delight yourself in the Lord,
and he will give you the desires of your heart.

5 Commit your way to the Lord;
trust in him, and he will act.
6 He will bring forth your righteousness as the light,
and your justice as the noonday.

7 Be still before the Lord and wait patiently for him;
fret not yourself over the one who prospers in his way,
over the man who carries out evil devices!

8 Refrain from anger, and forsake wrath!
Fret not yourself; it tends only to evil.
9 For the evildoers shall be cut off,
but those who wait for the Lord shall inherit the land.

10 In just a little while, the wicked will be no more;
though you look carefully at his place, he will not be there.
11 But the meek shall inherit the land
and delight themselves in abundant peace.

12 The wicked plots against the righteous
and gnashes his teeth at him,
13 but the Lord laughs at the wicked,
for he sees that his day is coming.

14 The wicked draw the sword and bend their bows
to bring down the poor and needy,
to slay those whose way is upright;
15 their sword shall enter their own heart,
and their bows shall be broken.

16 Better is the little that the righteous has
than the abundance of many wicked.
17 For the arms of the wicked shall be broken,
but the Lord upholds the righteous.

18 The Lord knows the days of the blameless,
and their heritage will remain forever;
19 they are not put to shame in evil times;
in the days of famine they have abundance.

20 But the wicked will perish;
the enemies of the Lord are like the glory of the pastures;
they vanish—like smoke they vanish away.
 






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