PIP tied to Incentive Comp - Is it legal?

Anonymous

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This is a discussion about what the legal definition of fairness when it comes down to the IC goal attainment. I understand that pharmaceutical organizations like to say "Nothing in life is fair" but unfortunately for them legally there is a definition especially in regards to Quotas.

Ever wonder why no one, absolutely no one is ever fired based on numbers alone. Pharma companies start a harassment campaign to try to remove representatives. For example management would use multiple managers to ride with the same rep they want removed and use "SUBJECTIVE" comments to document poor sales performance. They use terms like, not asking for the business, or asking for the wrong business, or asking too hard for the business.

Why is no one fired based on numbers alone? Well for starters legally this is a flawed argument for the company. For example, if a rep starts at 110% to goal in the beginning of the quarter and finishes at 105% to goal at the end of the quarter that rep lost 5% of the business and if another rep starts the quarter at 90% to goal and finishes at 95% to goal, this rep gained 5% of the business. The very definition of performance is being effective, or faster, or growth. Obviously by that definition the rep that lost 5% has poor sales performance and the rep that gained 5% has excellent sales performance. Look at it like a race, you are all competitors, if you are competing in a marathon is it fair that some runners start at the 1 mile and some start at the 12 mile and others at the 22 mile. Not if there is a price in the end. Every quarter is a new race, therefore everyone should start at 100% to goal in the beginning of the quarter which means whatever number was SURPRISINGLY assigned to your IC is your growth or loss-of could only be based on that number. We can discuss past performance and how goals are calculated but thats another flawed argument for the company.
 

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This is Pharma sales. Everyone in this industry especially Novo are too scared to file a lawsuit. From the day I accepted this job, I have documentation on everything. My quotas from the beginning of the quarter and the final IC just for the reason the OP stated. Novos IC is a joke.

How can a company tell us to go out and sell, when the company discounts Novolin N and R when negotiating Novolog and Levemir contracts. Is it really that easy to switch Novolin to Novolog? Heres an idea increase the price of Novolin to the same price as Novolog. I know its a terrible idea since the company makes too much money on Novolin. Novolin is Novos safety net, which means they know when Novolog is too expensive and the patients complain, the company knows there will be a switch to Novolin. So in essence the company makes money and you loose money because you are paid in market share. Smart strategy designed for reps the company deem too stupid to understand. Heres a much better idea, do not count Novolin and Humulin in our marketshare.

For now my numbers are good, but I have a lawyer on speed dial just in case this company surprises me with a miraculously high IC. We all know what next year will look like, big contracts disappearing, no launch of a new drug, new competition, it doesnt look good. All we can hope for is what this company has relied on, Diabetes growing at an extra ordinary pace. That is what drives the growth. The genius of this company is not any middle managers idea, but the disease state they decided to focus on.
 




This is Pharma sales. Everyone in this industry especially Novo are too scared to file a lawsuit. From the day I accepted this job, I have documentation on everything. My quotas from the beginning of the quarter and the final IC just for the reason the OP stated. Novos IC is a joke.

How can a company tell us to go out and sell, when the company discounts Novolin N and R when negotiating Novolog and Levemir contracts. Is it really that easy to switch Novolin to Novolog? Heres an idea increase the price of Novolin to the same price as Novolog. I know its a terrible idea since the company makes too much money on Novolin. Novolin is Novos safety net, which means they know when Novolog is too expensive and the patients complain, the company knows there will be a switch to Novolin. So in essence the company makes money and you loose money because you are paid in market share. Smart strategy designed for reps the company deem too stupid to understand. Heres a much better idea, do not count Novolin and Humulin in our marketshare.

For now my numbers are good, but I have a lawyer on speed dial just in case this company surprises me with a miraculously high IC. We all know what next year will look like, big contracts disappearing, no launch of a new drug, new competition, it doesnt look good. All we can hope for is what this company has relied on, Diabetes growing at an extra ordinary pace. That is what drives the growth. The genius of this company is not any middle managers idea, but the disease state they decided to focus on.

Also, remember this basic fact, think of all the scripts that get filled and go unreported that you NEVER get credit for but the company gets paid on.
 




Reps around the world for Novo all have guaranteed jobs for life. So does most other pharma companies. Once hired you are employed as long as you would like. It is very difficult to fire someone. Companies like Novo understand that in other parts of the world, whats on Formulary or government contracts is what will be written. Is Tresiba launched in Novos Homeland? Are you following how this works. Now going back to the US Sales Force. How is it still considered sales when:
1. You cant and are not allowed to sell a drug. You are not a physician so all you can legally do is discuss what information is available on your package insert. Nothing else.
2. You cannot discuss anything that is not approved by the FDA
3. If you decide to discuss your competitors PI, you legally have to read the PI cover to cover because you have to present the information with fair balance in mind. You cannot discuss the study without going into detail how the study was conducted in the PI.

Some pharma companies have applied the rules in europe to the US in which sales numbers are no longer the focus and completely removed from the equation. Because once again for those who cannot understand, you are not allowed to sell a drug. Ever wonder why your bonus payout is called a Bonus and not a Commission. A bonus is a gift from the company and never earned through sales. It can be taken away and changed at any time. A commission cannot.
 








No, its not legal. The only way the idiots in management will change is if a lawsuit is filed.


I agree! We are such victims and are entitled to so much more! I am so tired of shitting myself from all the stress of these 23 hour work days! Only a lawyer can get my self esteem back. PLEASE HELP ME!!!!
 








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