Bayer Thwarted by Judge in Whistleblower Case for Offering to Reinstate Rep 500 Miles
May 12, 2015
Six years ago, a former Bayer sales rep named Michael Townsend tipped off federal authorities about alleged Medicaid fraud involving a physician, who was later found guilty of billing the healthcare program for an unapproved version of a Bayer product.
Several months later, the drug maker fired Townsend, who subsequently filed alawsuit claiming he lost his job for reporting the Medicaid fraud. Bayer, which was not involved in the fraud, contended he was dismissed due to a dispute over his corporate credit card, according to court documents.
But in 2012, a federal court jury agreed with Townsend and awarded him more than $1.2 million in back pay and emotional damages. A federal court judge also ordered Bayer to reinstate Townsend.
So what did Bayer do?
The drug maker recently offered him a position that was located in Knoxville, Tn., which is more than 500 miles from his home in Little Rock, Ark., where Townsend spent six years as a Bayer rep, according to court documents.
This did not sit well with U.S. District Court Judge James Moody Jr., who chastised Bayer. The offer was “not a good faith effort” to comply with an earlier court order, he wrote last week. Moreover, he noted the Knoxville position was not “a substantially similar or comparable position” to his previous job.
A Bayer spokesman declined to comment.
In a move right out of The Sociopathic Business Model™ playbook:
Bayer glibly manipulated the rights of a whistleblower without shame, remorse, guilt or accountability and decided to continue to create hopelessness in the whistleblower they fired (and were only forced accountable by the federal courts who awarded $1.2 million in back pay and emotional distress) when Bayer continued to insult & demean the whistleblower when they offered to reinstate his job 500 miles outside of his orginal territory in order to avoid a retaliation claim. Which is actually the definition of retaliation.
Judge James Moody Jr. told Bayer “Homie don’t play that.”
This is exactly why employees (accomplices), who expose the negative truth companies would rather remain hidden when (not “if”) they become fired employees (victims) should sue the company for being sociopathic. Again, Hobby Lobby opened the door for human personification of a business; and, it’s time attorneys start protecting employees from sociopathic companies by using the same tactic to force accountability or else a company like Bayer will continue pathological abuse and re-victimization of patients, consumers, employees and taxpayers alike.