"It's not about what they tell you, it's about what they don't."
~ Bob Fiddaman, Author, Blogger, Researcher, Recipient of two Human Rights awards
Researching drug company and regulatory malfeasance for over 16 years
Humanist, humorist
Showing posts with label Navneet Kumar. Show all posts
Showing posts with label Navneet Kumar. Show all posts
Saturday, July 14, 2018
GSK Management in a Tizz Over Fiddaman Blog
Following on from Parts I & II (Links below)
It always amazes me how corporate entities spring into action when news of alleged violations go public. None more so than GlaxoSmithKline who, it appears, have been keeping tabs of the Indian whistleblower allegations published on my blog.
Here's an email they sent to Navneet Kumar after he raised issues about the working violations of senior officials at GSK India.
After reading the email (below) you'll see a link to a British newspaper article from the Evening Standard that also highlights Navneet's allegations.
Navneet approached me shortly after Truthman published a series of emails on his blog, GSK Licence To Kill. Shortly after publishing the emails, Truthman took a sabbatical and took down his blog.
Here's an email GSK to Kumar shortly after I published Part II:
"I am GSK’s Vice President for Compliance for Emerging Markets. I understand that you have recently been in touch with Bob Fiddaman, author of a weblog that has recently posted several allegations against GSK that he attributed to you. Please note that GSK takes all allegations of misconduct seriously, including those raised in Mr. Fiddaman’s weblog. Pursuant to GSK’s Code of Conduct and Speak Up culture and procedures, we encourage everyone to raise concerns about potential unethical or illicit conduct. During your employment, including in connection with the disciplinary proceedings that preceded your dismissal from the company last year, GSK’s policies and culture require the company to have provided you with opportunities to raise concerns relating to GSK’s business practices, including concerns with the conduct of any employees. If you have documents, electronic data, or other evidence that you believe would be relevant in order for the company to conduct a thorough review of the allegations made in Mr. Fiddaman’s weblog or any other concerns that you may have, GSK would appreciate you providing such evidence to us.
"If you would like to speak with someone in the company about this or any other concerns that you believe have not been addressed, we would be happy to make a member of the company’s Corporate Investigations or Compliance Team available to speak to you."
---
COMING SOON
Kumar met with a GSK official after the above email was sent to him. I'll be publishing the outcome of that meeting soon.
Bob Fiddaman
Back Stories
India: GSK Whistleblower Names and Shames - Part I
India: GSK Whistleblower Names and Shames - Part II
London Evening Standard - Glaxo faces lawsuit as salesman claims he was bullied for whistleblowing
Monday, April 16, 2018
India: GSK Whistleblower Names and Shames - Part II
"This was not just a violation of the standard operating procedures and code of conduct at GSK but also violated several sections of the Constitution of India and Penal Code."
Following on from Part I
In summary, Navneet Kumar, a rep for GSK India, is blowing the whistle on the way the company operates its business out of India.
In Part I, we learned that Kumar was told by senior management to meet his targets by "hook or by crook". Further, Kumar was paying stockists out of his own pocket so senior management would reap the monetary benefits. This despite the GSK rule book stipulating that: "a drug rep should not be involved in any money-related matters with their stockists."
Kumar filed a complaint against his Regional Business Manager, Sanjeev Jolly, who apologized and, well, that was that. GSK officials took no disciplinary action against Jolly.
Part I also highlighted how Kumar's Area Business Manager (ABM), Jitendra Singh Chauhan (pictured above), would phone him after midnight making demands - he'd even phone Kumar whilst he was on leave. Kumar didn't comply with the demands and was summoned to a meeting at GSK's New Delhi office by Sanjeev Jolly, who asked Kumar to resign. When he refused, Jolly told him, "I will finish your career" and that, "You and your family will be out on the street."
Part II
Because Kumar didn't resign he was issued a charge sheet. It's here that he alleges GSK management created trumped up charges against him because he had brought it to their attention about violations within the company, more specifically his senior management.
Whenever a charge sheet is issued against an employee, that employee has a right to be accompanied by a co-worker or a legal representative. Kumar told me:
"After the charge- sheet was issued, I requested to GSK management to allow me legal representation because of the allegations against me. My request of legal representation was denied by GSK management. So I fought my case alone in the enquiry proceedings. The charge sheet alleged they had witnesses but no such witnesses were ever provided by GSK. The enquiry officer was Vipin laroia and from the early stages of the enquiry it appeared he was siding with GSK management."In fact, according to Kumar, The investigation was trying to hide the witness statements from him. He later learned that the only witnesses GSK had were the two senior managers who had harassed him from the get-go.
Kumar wrote to senior management and asked if they could change the investigating officer, they refused.
Kumar was once again summoned, once again, he was asked to resign, once again, he refused.
Of that meeting Kumar told me:
"Somewhere I noticed that they weren't recording whatever I was saying, which was most disturbed me. Actually, as per the domestic enquiry rules, the job of recorder is to type the ongoing conversation on his laptop, but under the shadow of the enquiry officer and general manager they were acting like that they were typing but at end of enquiry proceedings they only provided me with what management had stated, and not what I had stated. They had also omitted the threats and their calls for me to resign."
Aniruddha Kunte, GSK General Manager -Employee Relations
Kumar, once again, sought help from higher management, this time writing to Aniruddha Kunte, General Manager -Employee Relations.
Kunte told him that after investigating the claims (which surmounted to asking the Inquiry Officers whether or not they were true) he (Kunte) found no evidence that suggested Kumar was being harassed, further, Kumar was told that he should "actively participate in the ongoing Inquiry."
Kumar told me he signed papers under duress as he felt intimated. He wrote, once again to Kunte:
(Email has been altered by me, Bob Fiddaman, for clarity)
Re: The last inquiry session on 10/8/2016 at the Delhi office.
The proceedings of that day were signed by me under duress. Some issues are the same as I told you earlier. But no action was ever taken by you.
The behavior of Mr. Vipin(EO) was the same. He was trying his best to harass me, he is totally under the influence of management.
During the meeting, Mr. Jolly was trying his best to put unnecessary pressure on me. Even when I told him that I was disturbed by his actions he didn't change his behavior and continued to humiliate me.
Therefore, I am requesting you to please make arrangements of a video recording of the Inquiry session.
Regards
Navneet Yadav (Kumar)
--
Kunte never followed up and, more importantly, never provided the video recording to Kumar.
The charges against Kumar stood and at this point, he was joined in 'the field' by his ABM Jitendra Singh Chauhan. Basically, Chauhan would follow Kumar around to see if he was meeting his company objectives, which included meeting doctors and dealers as per company guidelines.
Kumar claims that on day one, Chauhan wasted 2 hours of the day in efforts to make Kumar's daily targets impossible. Kumar also alleges that Chauhan would take company vehicles off other reps which resulted in those reps not being able to meet their targets, he even, at times, according to Kumar, used to demand Kumar's car and bike for personal use. Once again, Kumar brought this to the attention of GSK's employee relations manager, once again, nothing was done.
Chauhan continued to waste time, resulting in Kumar not being able to meet his company objectives. Because of this, and because of the restrictions placed on in, Kumar invited Chauhan to ride with him in the evening - he failed to respond to any of Kumar's text messages suggesting this.
Enter the Handwriting Expert
The charges against Kumar continued, in fact, according to Kumar, he had to endure 10 inquiry sessions. On one such occasion, they accused him of not visiting a doctor that he claimed he had. GSK management claimed that the doctor was out of India at the time so Kumar could not have visited him. Kumar, in his defense, told me:
"I requested that the Inquiry Officer and Management Representative provide evidence in support of their allegation that the doctor was not present in India. After a while they produced a letter purportedly from the doctor. In it, he had written that he was indeed out of the country."
Regarding the apparent letter, Kumar told me:
"I examined that letter very carefully and I realized that it wasn’t written by the doctor. The handwriting matched that of my Area Business Manager, Jitendra Singh Chauhan. I brought this to the attention of the Enquiry Officer who quickly dismissed it."After this, Kumar acquired the services of a certified handwriting expert who came to the conclusion that the apparent letter from the doctor was, in fact, the same handwriting as Kumar's ABM, Jitendra Singh Chauhan. Armed with this evidence, Kumar showed the Investigating Officer at yet another Inquiry session. He told me:
"In a closed inquiry session room, they abused me and threatened me. I tried to submit my expert handwriting report but they wouldn't accept it from me. Had they accepted it, they would have seen clearly that Jitendra Singh Chauhan, with the assistance of Sanjeev Jolly, forged the letter. This was not just a violation of the standard operating procedures and code of conduct at GSK but also violated several sections of the Constitution of India and Penal Code."
Compare two letters and judge for yourself. Were they, as the handwriting expert suggested, both written by the same hand? (Click image to enlarge)
The top is an example of Kumar's Area Business Manager, Jitendra Singh Chauhan, whilst the bottom is, apparently, from the doctor who, it is alleged, was out of the country.
Click Image to Enlarge
Kumar was dismissed from his position at GSK.
Shortly before his dismissal, Kumar sent emails to GSK's Global Head of Investigations, Jason Lord, and GSK's then chief, Andrew Witty. Included in his emails was the handwriting expert report (below)
Those emails and responses coming up in Part III
Bob Fiddaman
Tuesday, March 27, 2018
India: GSK Whistleblower Names and Shames - Part I
Navneet Kumar started his career with GSK India (Roorkee HQ) on March 2011 where he was assigned to meet doctors on daily a basis to persuade them to prescribe GSK drugs to their patients and to visit other Health Care Professionals (pharmacists, etc.) Kumar also used to organize 'Doctor Roundtable' meetings, and 'Continuing Medical Education' (CME) meetings for GSK product promotions. His job also saw him report to his Area Business Manager (ABM), Mr. Jitendra Singh Chauhan and indirectly to his Regional Business Manager (RBM), Sanjeev Jolly.
Kumar was awarded the 'Super Star' for his excellent sales performance and was given the opportunity to travel to Dubai (paid for by GSK). Many other sales awards were won by Kumar, and all seemed fine with his chosen career at GSK India, that was until he started to notice many irregularities, discrepancies, and became the victim of harassment for not adhering to the unethical sales pressures bestowed upon him by GSK management.
And now, Kumar no longer wants to remain quiet.
Kumar alleges that he and colleagues wrote to GSK Senior Management on the 29th December 2012 about a violation.
Septran (trimethoprim and sulfamethoxazole) is a combination of two antibiotics used to treat ear infections, urinary tract infections, bronchitis, traveler's diarrhea, methicillin-resistant Staphylococcus aureus (MRSA) and Pneumocystis carinii pneumonia.
On each last working day of the month, Kumar collected orders from stockists. Stockists, according to Kumar, are people who are authorized to buy drugs directly from the company and supply those drugs to chemists or doctors whilst adding their 10% margin.
Kumar told me:
"Stockists buy drugs from the company. Now, let us take an example - GSK's branded drug Septran has a maximum retail price of 100 Rupees. The price to retailers (chemists, etc) costs around 23.5%, around 76 rupees. Now, the same drug will cost stockists 10% less, around 66 rupees because stockists directly buy from the company.
"Now. it was my manager who was forcing drug reps to do an adjustment. An adjustment is where we have to establish a mutual understanding with stockists. We force them to sell drugs at lower prices like if something is costing them 66 rupees we have to force them to sell the drug on for 60 rupees or even less. This how extra sales will be done.
"The difference will be paid to stockists by drug reps through their incentive bonus and some part of their salary. This is the cost of staying in the job at GSK.
Managers earn their incentives by threatening the reps. If a drug rep reaches his targets automatically managers will achieve their targets. But the drug rep has to make an adjustment so the money he earns will go to the stockists. Managers earn incentives without any hurdles."
By "hook or by crook"
Kumar alleges that his Regional Business Manager, Sanjeev Jolly (pictured above), told him to reach his sales targets by "hook or by crook". Further, Kumar alleges that Jolly threatened to take action against him if he "didn't do as he was told."
In a nutshell, Kumar tells me, Jolly was telling him to pay his stockist out of his own pocket whilst Jolly reaped the monetary benefits.
According to Kumar, the standard operating procedure at GSK specifies that a drug rep should not be involved in any money-related matters with their stockists.
Other GSK reps have, in the past, received the same kind of threats from Jolly, Kumar and, as a result, saw them write an email to top officials at GSK. According to Kumar GSK's sales reps complained when Jolly instructed them to place an order of 100 cases of Septran tablets.
A grievance meeting was conducted at GSK's New Delhi HQ, Jolly apologized and, well, that was that. GSK officials took no disciplinary action against Jolly.
Jolly's LinkedIn page can be found here - His tagline says that he is an "inquisitive marketeer with an undying thirst to learn and achieve."
According to Kumar, he was the most senior rep but after the grievance meeting against Jolly he was transferred from his hometown to Dehradun (another GSK HQ) in 2015 without any given reason. That's when the harassment started. Kumar told me, "He started harassing me with the help of two Area Business Manager's (ABM), Jitendra Singh Chauhan and Manish Sachdev. They collaborated in handing me a Dealer list on which achieving the company objective was very difficult. Chauhan also sent me unnecessary emails and pressured me to carry out unethical work practices."
This harassment didn't stop at Jolly. Kumar told me that his ABM, Jitendra Singh Chauhan, "...took a massive advantage of his position. He used to send me phone messages at midnight, non-working days and holidays. He used to call me from his home for personal work. When I started objecting to his unnecessary demands, he started taking advantage of his position to harass me even more. He created false allegations against me and started making his own rules whilst overlooking the company guidelines."
Chauhan (Seen below as 'ABM Boss' (1)) told Kumar he wanted him to call 12 dealers per day. The company guideline, however, stipulates that reps will meet no more than 6.5 dealers per day (2)
(1)
(see Work Norms/Rules a) and e(i)
CLICK ON IMAGE TO ENLARGE
(2)
"I will finish your career, you and your family will be out on the street."
In effect, Chauhan was almost doubling the workload of Kumar, who believes the unrealistic request to target 12 dealers a day was an effort to get him to resign. I've seen many screenshots of the text messages and, it appears, Chauhan was, in many instances, sending messages just before and after midnight.
Kumar, despite the demands being put on him, decided to continue working, he would not resign.
Sometime later, however, he was called into a meeting at GSK's New Delhi office by Sanjeev Jolly. Kumar told me:
"I thought he called me for in for a training program . In a closed room he gave me a white paper and I was asked to submit my resignation. I was shocked and refused to resign. He started threatning me and told me "I will finish your career" and that, "You and your family will be out on the street." He also told me that he will not allow any company to recruit me.
"I was under immense pressure to resign but I didn't. I asked him to provide reasons for why he is doing all these things. Then he presented a charge-sheet in front of me and, once again, asked me to resign. I decided to go with the charge-sheet rather than resignation. He (Jolly) did the same thing with my ex-colleague some months previously, he, like me, was called to the New Delhi office, and under pressure from Jolly, he resigned. This a pattern by GSK management to threaten the employee and they usually resign because the pressure is overwhelming for them. I didn't do that."
Coming up in Part II
- How Navneet alleges that there is no code of conduct amongst GSK India's senior management
- More evidence of retaliation and harassment
- Alleged forgery by GSK management
- Emails to former GSK CEO, Andrew Witty, GSK's Global Head of Investigation, Jason Lord, and current CEO, Emma Walmsley, and some other top officials of GSK
- For the first time, Kumar will reveal a document that, so far, has been unseen by the public.
Bob Fiddaman
Back story - Truthman Blog
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