Too many employees lining up to sue CVS ? updated 10/11/2014

arbitrationcvsmediation

I never know what is going to show up in my inbox….

This makes interesting reading…  YOU ACCEPT THE POLICY BY CONTINUING YOUR EMPLOYMENT

IF YOU OPT OUT>>> NO NEGATIVE ACTION WILL BE TAKEN AGAINST YOU FOR OPTING OUT…

readingbetween

 

 

 

 

 

 

 

 

 

We will find other reasons to FIRE YOUR ASS !

CVS Health extends kudos to its pharmacists

http://www.chaindrugreview.com/newsbreaks-archives/2014-09-29/cvs-health-extends-kudos-to-its-pharmacists

CVS Health is saying thanks to its 26,000 pharmacists during October’s American Pharmacists Month for their dedication to serving patients in the company’s retail pharmacies, mail service pharmacies and specialty pharmacies nationwide.

10/08/2014 Rumor on the street is that a few CVS HEALTH employees have consulted an attorney about this contract.. and it seems that they are universally being told NOT TO SIGN IT !

I am not an attorney, but if you already work in a “at-will state”.. your employer can fire you for any reason or no reason.. IMO.. this contract is attempting to put a “fire wall” between the employee and their ability to get regress from CVS HEALTH for violating a multitude of Fed/State laws.  Of course, if this contract is not legal to begin with… it will probably take an employee to take them to court – expending time and money – just to get a ruling that it is not legal.. and CVS HEALTH has much deeper pockets than those employees at the store level.

10/11/2014   CVS Employee arbitration information click to open

According to the first page… an employee should be able to completely read AND UNDERSTAND 14 pages in TEN MINUTES …  I tried to read thru these pages and IMO.. anyone who tries to read/understand these 14 pages in 10 minutes… is either extremely bright or a fool/idiot !

I had my own pharmacy for 20 yrs… as well as some other businesses and one thing that I have found in contracts presented to me… generated by them… tend to have one thing in common .. lack mutuality … which means that it grossly benefits the entity that drew up the contact and puts the entity that is to sign the contract at a great disadvantage.

It is common business sense… NEVER SIGN ANYTHING… that was drawn up by an attorney – other than one working for you – until you have your attorney review the contract.

Most contracts are – or should be – mutually agreed upon terms… There have been a number of times that I have walked away from a contract… because the terms of the contract were NON NEGOTIABLE !

 

 

23 Responses

  1. cvs sucks and there managers also in clanton al.THEY throw things and holler at techs and some get special treatment.SO underpaid.

  2. think about it how can a company take care of the publics health with a two team tag team , most of the work week ,two on mornings two on evenings , for the employees that are able to work in pleasantville you are very few. stay at that location. it is rare like winning lotto.

  3. Verbal or mental abuse (ie a hostile work environment) is a tough one. You must show that you are treated badly because you belong to a “protected class.” If you sue a big company, be prepared to part with your money and your time, The company has plenty of both!

  4. How do sue cvs. There the worse company to work for. I had a lot of Verble abuse. And another co worker. We were also yelled at for talking to customers longer than we should

  5. CVS got everyone in this by making it a module! Who the Hell reads modules?? No one I know does! And the DM in my district went around telling employees that it doesn’t take away your rights! Some people didn’t even know what arbitration meant when presented with it & just signed it! Leave it to CVS to trick employees with this BS!! #CVSucks#CVStress#WorstCompanyEver#LarrykissmyA**

  6. […] Too many employees lining up to sue CVS ? updated 10/11/2014 […]

  7. Here is the response of the judge when CVS tried to have to case dismissed in 2013: ( I think it is wonderful!)

    http://falveylaw.com/assets/pdf/CVS/2013-09-24-Message-from-Court-re-MSA-ruling.pdf

  8. if you click “submit” and do not send an “opt out” letter, you give up the right to sue and hope that the “case” goes your way. Other regions are still awaiting settlement regarding the practice below which has been going on for years:

    And CVS Caremark, too! Yet another California labor law and unpaid overtime class action settlement to report this week—this one a final $2.8 million settlement for CVS Caremark pharmacists, who alleged violations of California labor law. A California judge approved the settlement of class claims that the pharmacy chain improperly forced hundreds of Southern California pharmacists to work seven days straight without overtime. This is the first settlement of six such lawsuits pending against the retailer alleging unpaid overtime.

    The CVS Caremark settlement will provide damages to 627 CVS pharmacists who are or were employed in CVS’ “Region 72,” the Southern California area that is one of CVS’ six regions in that state. The settlement represents roughly 70 percent of plaintiffs’ estimation of CVS’ total potential liability.

    Named plaintiff Connie Meneses filed suit in August 2012, alleging CVS was improperly forcing its pharmacists to work seven days in a row without paying overtime for the seventh, in violation of a state law that mandates pharmacists be given a day off after six days of work.

    The case is Connie Meneses et al. v. CVS Pharmacy Inc. et al., case number BC489739, in the Superior Court of the State of California, County of Los Angeles
    From this website:

    http://www.lawyersandsettlements.com/blog/

    and the following regarding forced arbitration:

    http://www.lawyersandsettlements.com/articles/california_labor_law/civil-rights-lawyers-law-2-20178.html#.VE6Pdr67GZJ

    I opted out….we shall see what happens…

  9. Old Tech,
    What did your lawyer say?

    • He said we should opt out. He said he doesn’t believe it is legal and would hold up in court. He added that he hopes we don’t get on some secret list. There are laws against that though if someone found out.
      Interestingly enough today I got a letter stating CVS is involved in a class action lawsuit for not paying employees for time spent for bag checks, smock checks and labeling of water and gum etc.

  10. I am having my lawyer friend look it over. That said. My gut instinct is to send it back that I opt out. I’m not sure why this was included in with our “learnet” I did not learn anything about my job from it. I’m especially concerned for the younger techs. I fear they will just click without reading and have no clue what rights they have clicked away. I question if this is even legal to take away our rights

  11. I believe that most employees will skim through these pages and click submit. There is no choice on the screen to select “opt out”. One must send a letter to corporate in order to do that. This arbitration agreement is being touted as an “acknowledgement” although the caveat that it is legally binding is buried in the verbiage.
    Mirgon’s store is the exception. No one (emphasis on the “no”) takes breaks at most stores. It is humanly impossible to meet the “targets’ with the lack of tech help and the burdensome activities that are heaped on the staff. OTC work is commonplace. What chance will there be to remedy pervasive wage theft with arbitration? Zero and none?

  12. Bright neon font does not work well

  13. Aaein….ddont know wht store you work at but when had sla..er worked at several…no breaks and no overtime and 12 hr shifts were the norm. And that was at least 5+years ago.

  14. I had a seizure at work and was on medication did even know I was there and thr fired me. So I was left with no mrdical benifits and when I went to go look for a new job they were telling other potential employers lies which they can not do

  15. As an ex employee my attorney told me 99% of this stuff they demand you sign is not legal.

  16. This is such bull shit excuse my French. I am so glad to now that Joe was able to file his suit. So what if you still are unhappy about what they are telling you and they are doing nothing about what you are unhappy about? I know this much I will tell any friends, family, or anyone I know to not apply to CVS. They are the worst company to work for. I left because I was diabetic and I couldn’t get time to take a lunch and to monitor my blood sugar and keep it stable. There were days I worked 12 hours or more and still didn’t get a lunch because the store I worked at was 24 hours. It got worse once Joe left too. What annoyed me the most was there as 1 employee that worked in the evening that ALWAYS got to take her lunch and she was diabetic too. They knew both of us were diabetic but she was the only one that was allowed to stop working and take her sugar when she was supposed to. That was such crap. Yes she was older then me but that shouldn’t make a difference. They didn’t care about their employees. They also didn’t care about stuff being filled right too. Once the management changed in the pharmacy everything went to hell and we had so many more errors that went out like the wrong drug or wrong dosage amount. That could kill someone if they are not very knowledgeable on the medications they are taking. All the mistakes are so sad. Who cares about speed and how many drugs a day are going out. We are there to make sure we supply the patient the right drug that the doctor prescribed so they can continue to live and stay healthy. A pharmacy is not the right place for speed, speed, speed. I thought CVS was all about Caring. That is bull shit and the farthest thing from the truth.

    • YoUr comment are about a single store, not CVs in general! All the stores in my district give 2 paid 15 minute breaks and an unpaid 30 minute lunch for each 8 hour shift worked. Plus we cannot work more than 8 hours a day

      • What district is this? I invite anyone , currently employed or previously employed , in any district to comment (good or bad) if they ever got their 15 min breaks ( they were not even factored into the daily board at the store I worked at) , not scheduled for more than an 8 hour shift .. Lol .. Normal shifts for me were mostly 10 – 12 hours. As well as my co-workers. Labor laws in MA require an employer to provide a 30 min unpaid lunch break and a 15 min paid break if scheduled a 6 hour shift. This is the law in MA , not CVS being nice to their employees.

        • I currently work for cvs and have for the past 7 years and I can say that in that time I never took a 15 min break and was never allowed to, unless you count going to the bathroom. I also hardly take my half hour break, with the cut in hours and everything that needs to get done, there is just no time for a breAK and if I did take one then the whole pharmacy would turn to crap because we had one person leave for 30 min.

      • Good to hear
        Pharmacists have no way near the breaks , lunches,and work day length that are being described.

    • Just curious , was the employee that always got to take her break favored or in “the clique” or perhaps a “Lead Tech” and I absolutely agree with you on the speed of which drugs were processed. “Acute” drugs as they were labeled by CVS were given a 10 minute time frame when they were received electronically to be completed ( which was when the pharmacist signed off on his QA that the prescription was filled correctly) 10 MINUTES .. From when received ( electronically) , input of the RX into the system , production printing the RX label, pulling the correct drug , scanning the printed label, scanning the pulled drug (multiple times) counting the prescribed amount (twice if it was a controlled substance) placing drug in vial , putting on correct cap (safety/non safety) per customer request and finally stacked with all the other “10 min / acute drugs” to be verified (QA) by the pharmacist. Oh did I also mention that while trying to adhere to the “10 minute” timeframe. You were waiting on customers that were dropping off RX’s ( that if they stated they were going to “wait” for it to be filled those were given a “15 minute” completion time per CVS, you were answering phones ( that had to be picked up by the 3rd ring) and waiting on customers that pulled up to the drive thru window … Does all this sound SAFE to anyone???

  17. Private binding arbitration=take our settlement, shut your mouth or we’ll burn your future employability

Leave a Reply

Discover more from PHARMACIST STEVE

Subscribe now to keep reading and get access to the full archive.

Continue reading