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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18808
Experience:  B.A.; M.B.A.; J.D.
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I was recently red as a subcontractor to work in in a Pharma

Customer Question

I was recently hired as a subcontractor to work in in a Pharma company. Shortly before my hiring I was informed I was going to work under a particular individual who helped get me an interview. This individual was not where I wanted to be placed under
since I had worked with her at another company and I know she just piles on the work and is very disorganized. Prior to my first day a month prior this person sent to me all confidential files, such as a protocol and private company e-mail detailing their
plan for my on-boarding. This plan clearly documented that I would forego the 2-3 weeks at home for SOP and system training required by the Company I sub-contract with and would turn out to work on a database lock. The travel was very intense flying from city
to city and I was expected to work on my training while on the road. As a subcontractor for this company I was paid as a full-time employee only 40 per week eventhough with all my travels flight delays and work week was actually 70 hours. I was not permitted
to enter more than 40 hours no compensation for overtime. My training was very behind and the lack of training would not allow me access to databases which I needed to complete reports. I was not allowed to do to the new hire training due to this data baselock
and was left to ask others in the company particulars. I have 20 years experience in this field and can complete the medical reviews but was not familiar with the specific sytems or even know where to find necessary documents. My trial/project manager found
my resistance and any discussion I had with my direct manager different then the trial manager as not fulfilling my job and the pressure just got worse. I have e-mails back and forth to management that the stress is making me ill, I became ill on the road
so severely I had to see a GI surgeon when I returned home from that trip thinking I had Gall bladder attack. It was not but stress related. I was given another project still no access to complete reports and now I am 5 reports behind. The sites I was assigned
too, belonged to the trial manager and these sites were in very bad shape. The data was not reviewed at one site for 4 months, the time for review is to be every 4-8 weeks. So many patients have entered this study their eligibility criteria was not reviewed,
they have been on treatment with Chemo for months so unsafe. The trial manager did not feel I was working quickly and I was unwilling to cover for her lack of oversight. I spoke to my manager, sent e-mails collaborated with other monitors and realized that
this trial manager had a reputation and no one wanted to work with her. Due to our past affiliation she considered me a friend, which we were not I was in a bad place. The trial manager continued to send more demanding e-mails questioning my work ethic, so
I quit. On my last day the trial manager sent a slanderous threaten e-mail to me on y personal e-mail say I made easy money did not have a work ethic. She also included another monitor from this company as in agreement,(I never met or worked with this person)
and said I would get what I deserved. I forwarded this e-mail along with many others to my manager but never heard anything. Presently I am looking for a lawyer since this experience to me was bullying, and a hostile workplace. What is your opinion. I went
back to work as an Independent Contract and have an LLC. I am an RN BSN with over 20 years in Oncology and Clinical Review. I feel she will hurt my reputation. I also feel she may have been reprimanded that is way she lashed out with the e-mail. I also want
to add this same scenario occurred to another Monitor working with her at the same time I was hired. This monitor brought her up on HR charges and all of her work was to be audited, but the auditor was her friend so not so sure how good that was. He was moved
off the project and holds animosity towards her. The sites I went to also greeted me with words like I hate her, these were all unprovoked. I was at UPENN with another monitor and was told please do not have this person come back and he went on and on. Please
advise.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

You may have a case for constructive termination. Even if you quit, your action was dictated by your hostile work environment. You need to have a local Attorney who handles labor and employment issues to review your case including the hours your were paid to see if a demand can be made to the company for compensation for your loss and for back pay for hours you worked, but never paid for. The contract you signed with the company would dictate whether the company breached the agreement by not allowing you to clock for more than 40 hours eventhough you were working for more than 40 hours each week.

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