The US Supreme Court agrees with your claim that your job is pointless
Drug reps working for Novartis in the US have won a case in the Supreme Court that awards them a share of over $100,000,000 in back pay for unpaid overtime. Merck and Boehringer Ingelheim face a similar bills.
The case, which has been working its way through the American legal system, revolves around a question of whether a drug rep was a salesperson (in which case ineligible for overtime) or something else. The reps in question were calling on Primary Care physicians (GP's). They testified that the nature of their work was robotic: -
One Rep testified that Reps were expected to act like “robots” because of the limitations on what they could say during sales calls.The Second Circuit Court of Appeals agreed:-
Novartis' defense against the robot claim was so weak as to be laughable: -The Reps, inter alia,
- have no role in planning Novartis's marketing strategy;
- have no tole in formulating the "core messages" they deliver to physicians;
- are required to visit a given physician a certain number of times per trimester as established by Novartis;
- are required to promote a given drug a certain number of times per trimester as established by Novartis;
- are required to hold at least the number of promotional events ordered by Novartis;
- are not allowed to deviate from the promotional "core messages";
- and are forbidden to answer any question for which they have not been scripted.
Novartis argues that the Reps exercise a great deal of discretion because they are free to decide in what order to visit physicians officesTalk about letting go of the reins. My favourite aspect of this comes from the ruling made by a lower court which had actually ruled in Novartis's favour: -
They do not begin to answer why or how a robot or an automaton could or should earn an average salary of $91,500 per year. Nor do they explain why NPC (Novartis) would employ 6,000 Reps at a cost in excess of half a billion dollars per year.
It defies logic to accept that, in such a situation, Reps are expected to do nothing but chant slogans and mouth platitudes.
So the argument that Novartis made was, "Why would we pay them so much if they were robots? Do you think that we're that stupid?" In overturning the decision the Second Circuit Court in effect said, "Yes. Yes we do" and the US Supreme Court agreed.
The restrictive sales processes adopted by American pharma companies are built around an overriding medico-legal strategy. The worry is that a misspoken word from a rep might lead to one of those law suits that would cost them millions of dollars.
Oh, the irony.