What Bonus? Former Lilly Rep Files Lawsuit Over Incentive Pay

Should drugmakers pay temporary sales reps a prorated bonus if they leave before their contract expires? One former Eli Lilly rep is tussling with the drugmaker over this issue and, having failed to collect, has filed a lawsuit that seeks class action status, a move that could prompt dozens more people to pursue back pay. The case was filed by Leslie Pinciaro Dudley, who worked for Lilly as a rep in Jacksonville, Florida, from early 2011 through early 2013. And her agreement, which referred to her as a ‘fixed duration employee,’ indicated Lilly would pay her various bonuses. But after her contract expired, she was told she would not receive the $15,000 bonus money because she had not worked to the end of the required payout period (here is her lawsuit). “If your termination date is before the payout period and the company didn’t disclose that you weren’t going to get paid that money, they should come forward and give you a prorated amount,” her attorney, Steve Simmons, tells us. In other words, Lilly adopted an all-or-nothing approach, because other employees who worked through the payout period received their expected bonuses. For its part, Lilly argues in its own court filing that documents pertaining to her employment were “crystal clear” that Dudley was not entitled to any additional payments if she was not employed on the last day of the payout period. By departing prior to the end of the specified financial period when a temporary employee would be eligi...
Source: Pharmalot - Category: Pharma Commentators Authors: Source Type: blogs