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Fired Novo Nordisk rep claims retaliation in miscarriage discrimination suit

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Alicia Clark-Unusan claims in a whistleblower/discrimination suit that she was fired after she brought up potentially illegal activities.

PLAINSBORO -- A former sales rep for Novo Nordisk claims in a whistleblower suit that the Danish pharmaceutical giant discriminated against her for getting pregnant, then callously fired her after she had a miscarriage.

Alicia Clark-Unusan's lawsuit against the company with U.S. headquarters in Plainsboro portrays a highly competitive and cutthroat company culture, with claims that in her case, it was more dedicated to its sales numbers than its employees' well being -- or to the state's laws against discrimination and retaliation.

"The allegations in the complaint speak for themselves," said Clark-Unusan's lawyer, Peter Valenzano, of Mashel Law in Morganville. "Ms. Clark-Unusan was a solid, dedicated employee, and she was unlawfully terminated. She's looking forward to proving her case."

Representatives for the company did not respond to requests for comment.

Among the suit's more salacious allegations: When Clark-Unusan blew the whistle on potentially illegal and lurid behavior by fellow sales reps, she was fired, prompting a whistleblower claim to go along with discrimination allegations. Clark-Unusan claims that one of her co-workers would improperly fill out forms for doctors that were buying Novo Nordisk's drugs; elsewhere, Clark-Unusan claims that a fellow sales rep would send nude photographs of herself to prospective clients.

http://www.nj.com/atlantic/index.ssf/2015/10/dental_practice_was_sexual_harassment_playground_l.html

Clark-Unusan, who lives in Jersey City and filed her complaint in Hudson County Superior Court, worked in the company's Westfield territory, pitching Novo Nordisk's diabetes drugs to doctors in a geographical area around Central Jersey.

The Novo Nordisk representatives, the lawsuit said, work in pods, and their income is tied to their co-workers' performance. So when Clark-Unusan's performance looked to be in peril due to her pregnancy in August, the co-workers in her pod turned on her, she claimed in her suit.

After confiding in a co-worker that her pregnancy was making her feel fatigued and sick, the co-worker "expressed frustration and annoyance" that her pregnancy might bring their sales numbers down, the complaint says.

The team planned to go to Detroit for a "plan of action" in early October, according to the complaint, to work through some of the issues. In late September, however, Clark-Unusan learned that she'd had a miscarriage.

She told her boss about what had happened, and her boss responded: "Will you still be able to attend the (plan of action meeting) next week in Detroit?" the suit claims.

Clark-Unusan's miscarriage was "standing in the way of reaching those (sales) objectives," her suit claims.

Later, Clark-Unusan's doctor scheduled a dilation and curettage operation for the dates when they were supposed to go to Detroit. When Clark-Unusan told Novo Nordisk superiors about the scheduling conflict, they responded by accusing her of falsifying sales calls, the suit claims.

Clark-Unusan denied the claims, but as pressure mounted, she said she had some things to get off her chest.

One of her co-workers, she said, was filling out pre-authorization forms on Victoza, a new drug that lowers blood sugar. But only the doctors or their staff could do so, Clark-Unusan said. One fellow sales rep also bought a doctor goods from Costco, and had her daughter drop off samples for him, the suit claims. Those actions, Clark-Unusan said, amounted to illegal kickbacks, as well as violations of medical privacy.

A week after she aired her complaints, she was fired over claims that she'd falsified sales calls.

Her firing, Clark-Unusan said, caused her "humiliation, stress and anxiety." She is seeking compensatory and punitive damages.

Brian Amaral may be reached at bamaral@njadvancemedia.com. Follow him on Twitter @bamaral44. Find NJ.com on Facebook.

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