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Boston Scientific sues rep to claw back $200,000 overpayment | Legal Roundup
May 27, 2011*by*MassDevice staff
Boston Scientific is suing one of its sales reps, lookiong to claw back some $200,000 it says it overpaid due to an administrative error.
Boston Scientific (NYSE:BSX) is suing one of its sales reps in Arizona, seeking to claw back about $200,000 it says it overpaid Michael McCormick last year.
The lawsuit, filed in the U.S. District Court for Minnesota, claims that McCormick tried to resign after the Natick, Mass.-based company approached him with a new employment contract that would have accounted for the snafu.
"Boston Scientific declined to accept McCormick's purported resignation and directed him to comply with his obligations under the agreement, which remains in effect," according to the lawsuit. "In exchange for this guaranteed compensation in excess of $1 million, McCormick agreed to work for Boston Scientific for the full five-year term," the lawsuit says. "The agreement did not permit McCormick to unilaterally terminate his employment."
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Boston Scientific declined to accept McCormick's "purported" resignation, according to court documents. The company wants the court to force McCormick to return the money allegedly paid out to him in error.
An attorney representing McCormick, who began as a sales rep for Boston Scientific's Guidant cardiac rhythm management division in 1999, had no comment on the lawsuit, according to the*Pioneer Press.
May 27, 2011*by*MassDevice staff
Boston Scientific is suing one of its sales reps, lookiong to claw back some $200,000 it says it overpaid due to an administrative error.
Boston Scientific (NYSE:BSX) is suing one of its sales reps in Arizona, seeking to claw back about $200,000 it says it overpaid Michael McCormick last year.
The lawsuit, filed in the U.S. District Court for Minnesota, claims that McCormick tried to resign after the Natick, Mass.-based company approached him with a new employment contract that would have accounted for the snafu.
"Boston Scientific declined to accept McCormick's purported resignation and directed him to comply with his obligations under the agreement, which remains in effect," according to the lawsuit. "In exchange for this guaranteed compensation in excess of $1 million, McCormick agreed to work for Boston Scientific for the full five-year term," the lawsuit says. "The agreement did not permit McCormick to unilaterally terminate his employment."
SIMILAR ENTRIES
St. Jude Medical wins $5 million in case against Volcano Corp.
Volcano Corp. and subsidiary lose court decision against Lightlab Imaging Inc.
Mass. court rejects St. Jude's trade secret claims against Volcano
Volcano accuses St. Jude of patent fraud
Legal roundup: St. Jude wins; Covidien, Masimo settle; Novartis sues
Boston Scientific declined to accept McCormick's "purported" resignation, according to court documents. The company wants the court to force McCormick to return the money allegedly paid out to him in error.
An attorney representing McCormick, who began as a sales rep for Boston Scientific's Guidant cardiac rhythm management division in 1999, had no comment on the lawsuit, according to the*Pioneer Press.