Complaint gets filed against Medicis

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COYNE v. MEDICIS PHARMACEUTICAL CORPORATION
Plaintiff: KATHLEEN COYNE
Defendant: MEDICIS PHARMACEUTICAL CORPORATION

Case Number: 2:2010cv00933
Filed: March 4, 2010

Court: Pennsylvania Eastern District Court
Office: Philadelphia Office [ Court Info ]
County: Delaware
Presiding Judge: HONORABLE JOHN R. PADOVA

Nature of Suit: Civil Rights - Employment
Cause: 42:2000 Job Discrimination (Sexual Harassment)
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff

This is a case we all should be following. The outcome will become federal case law. MCManigals case, I believe, was determined by state courts in California so it would only apply to employees who work in that state, but this complaint was filed in federal court so any decision would have an effect on all of us regardless of the state we live in. It is a matter of public record since it has been filed. It was not easy to find through searches. So pay close attention. I am sure many currnet and past employees will be called as witnesses . You'd have to have been living in a cave if your were in the northeast and on the aesthetics side and didn't know about this situation with her. I hope the current employees are not too intimidated to speak the truth if they are called. the penalty for lying in a court is perjury, look it up. Whistleblowers law protects us and gives us serious job protection. I can't tell when this case will be tried or how to know if it will settle out of court thus hiding all of the beneficial details from us, but I will try my damnest to research and follow this complaint.

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When Medicis offers employees stock options, there is a 45 page form that you must agree to all the terms in order to receive the stocks. In that form there is a section entitled Mandatory Arbitration, so you agree to never sue Medicis if you accept the stocks. I believe that's the hold up on this one.
 






it may be the holdup in most cases, but in this particular case, I believe the agreement was only 20 some pages and has some major flaws in it...much as in KMC case in California.Agreement must have been tightened up over the years. Stay tuned. there are options and grants. agreements are contracts and contracts are argued and interpreted in accordance with respective state ( statutory) law. first courts have to decide if there ever really was an agreement .Secondly, if determined there was indeed an agreement, court looks to whether or not the agreement is unconscionable - procedurally and substantively - which if you all read your agreement closely, you'll see how very one-sided it is. FOr instance recipient of grant or options agree to harshly structured binding arbitration whenever they have a claim against Medicis - including any Title VII claims -but no where does Medicis waive their right to bring suit against employee or submit to binding arbitration. Employee waives right to trial by jury " all things that an employee would bring against an employer" but Medicis sure can bring a case against employee in court. Again, one-sided so in most courts it would fail that test. It is Substantively Unconscionable. Now- how does all this make you feel as you head out to work for this company? Feeling "hosed" yet? STock - which has vesting schedule is actually the consideration given in exchange for you giving up these eternaal, yes, eternal rights, against Medicis.COntracts must have consideration to be valid.According to the contracts that are out there from 2004 ond 2006 STock Plan, you wiave these rights until you die - not for 10 or 20 years. .are you beginning to ascertain why the behavior of certain upper level employees is such that it is? Where are they going to go? DO you now understand why Joe COoper did not sign the Agreement in 2006? Search online for company 10K and 8K , you'll read about it in the footnotes. Homework for tonight -read all of the agreements that have been presented to you. Prepare for a coronary. Share with your attorney
 






Anonymous said:
When Medicis offers employees stock options, there is a 45 page form that you must agree to all the terms in order to receive the stocks. In that form there is a section entitled Mandatory Arbitration, so you agree to never sue Medicis if you accept the stocks. I believe that's the hold up on this one.
Click to expand...

Read the thread" Where did Carol from Philly go". If Medicis felt so strpngly that this document you refer to above was truly legitimate, than why would they feel it necessary to give her a severance payment and in that severance agreement have her AGAIN sign away her rights to sue them, if they already did so in a previous contractual agreement ( Stock options and/or grant). MAkes you think, doesn't it? Why didn't they just let her go without a severance payment and agreement if they were already protected from being sued by her via the stock option /grant venue? perhaps they're not so confident the agreement would hold up in court either. something worth thinking about and storing away for a rainy day.
 






Anonymous said:
When Medicis offers employees stock options, there is a 45 page form that you must agree to all the terms in order to receive the stocks. In that form there is a section entitled Mandatory Arbitration, so you agree to never sue Medicis if you accept the stocks. I believe that's the hold up on this one.
Click to expand...

just a minor annoyance. no worries.
 






Philadelphia Inquirer is ready to go on this case. It's nice when a plaintiff's old college roomy has a lofty editorial position in the hometown rag. I'm honored to be asked to cover it. visit us at www.philly.com when the case concludes
 






Is it true that dateline is making a story on Medicis and its CEO? Are they asking about penny stock that the CEO sold to Derms, off label promo piecies, and entertaining practices? They are trying to fire all of old Medicis Reps but now dateline is contacting everyone? Is this true?
 






KC settled the case in October, 2010. The rest of us women still here at Medicis were really hoping this would go to trial. There is rampant discrimination against women in this company. Kathie, we were really hoping you would lead the charge and help turn the situation around for the rest of us. Do you have any advice. We are afraid to do anything or say anything for fear of retribution - because you KNOW THAT HAPPENS HERE.

.....HELP!!!
 






email email everything in explicit detail. carry recorders with you anytime you are in presence of someone you suspect. RAdio shcak makes them small and inconspicuous. and jsut for the heckof it, never ever accept stock options or grants. if you already have it potentialy steers you down a different path.read it. never sign anything in this life before you read it and understand what you are accetping. Many wolves appear in sheeps clothing.
 






Anonymous said:
KC settled the case in October, 2010. The rest of us women still here at Medicis were really hoping this would go to trial. There is rampant discrimination against women in this company. Kathie, we were really hoping you would lead the charge and help turn the situation around for the rest of us. Do you have any advice. We are afraid to do anything or say anything for fear of retribution - because you KNOW THAT HAPPENS HERE.

.....HELP!!!
Click to expand...

I agree there is rampant discrimination against women in Medicis...it happened to me and many others. There is still a movement to call Medicis out on their blatant discrimination towards women. Things were changed at Novartis as a result of brave women speaking up! Not to mention all the women received monetary compensation for what they endured. What can you all share?
 
























Please... call me in as a witness. I have voice recordings and all email documentation from the time I was hired until the time I was "laid" off while on medical leave. Good god, I wish someone could get a class action started against this company. I had a similar agreement to Carols in Philly.
 












Just saw this post. I have a complaint pending that claims a pattern and practice of discrimination against women by Medicis. My lawyers are continuing to investigate claims by speaking with witnesses with relevant information. If you want to help move this along, please call or e-mail my lawyer – Sara Wyn Kane at 516-203-7180, skane@vkvlawyers.com
I think we can all agree that it is time for things to change...
 






Anonymous said:
Please... call me in as a witness. I have voice recordings and all email documentation from the time I was hired until the time I was "laid" off while on medical leave. Good god, I wish someone could get a class action started against this company. I had a similar agreement to Carols in Philly.
Click to expand...

I am sure this would be helpful. How do we find you? Any help would be appreciated!
 






I assumed you no longer worked here. I agree this job takes work but if you manage your time efficiently and focus on providing value to your accounts and hitting your number you should have pleantly of quarters where you can sit back and just answer the phone a week or 2 per quarter. All of the girls on my team and those I know here are treated fairly, they are actually spoken too and pushed like the male reps and I feel that is the problem. Girls expect to be treated differently than the guys, managers should be more sensitive to their feelings. In my mind that is not equal. I have 2 sisters and a daughter. I'd recommend either of them work here but only my older sister would be tough enough, and yes I would let her work here because she wouldn't sleep around which happens at all sales companies. If you take the high road and not sleep around then there won't be any of these "complaints" regarding the treatment of women here.
 






Really? Well hang your sales shoes up now because once you leave this company you won't make what you are making now and you are not a good sales person. I've sold device, equipment and consumables and this job does require you to be a good sales person if you want good numbers year after year. If you hit your number by giving product away and bringing coffee then you are good temporarily.

I am done wasting my time with you. You are not making female sales reps look good, you are one of the excuse makers. Go work in a cube.
 












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