Former Fisher & Paykel Healthcare sales rep seeks millions for alleged racism

Tuesday, 8 August 2017

F&P Healthcare doesn't appear to be losing sleep over the employment claim by a former sales rep, saying it does not accept his allegations.

An American who worked for Fisher & Paykel Healthcare is suing the New Zealand company for almost $40 million over claims he lost his job because of his race.

But the Auckland health technology firm does not accept the claims and said it was defending the action.

In May, the company forecast its sales could hit $1 billion this year.

US resident William Talford worked as a respiratory sales specialist for Fisher & Paykel Healthcare in California for about a year from mid-2015.

Late last year, however, Talford filed a complaint against the company and some of its employees for alleged wrongful termination and discrimination in the Superior Court of California, County of Orange.

* Former Fisher & Paykel employee sentenced for corruption over $295,000 fraud**

His lawyer, Sandra Bauer, said the basic claim was that Talford's job was terminated because of racial discrimination and discrimination against his military background.

He also alleged the company had defamed him and that there were hostile working conditions.

Talford's complaint filed in court said his contract was terminated on June 24 last year 'based largely on his race as he was the only sales person that was black'.

Talford also claimed he lost his job because of his age and because of discrimination against his career as a former marine who did two tours in the Middle East.

The court documents said Talford's manager shared private and personal information about him which was 'made up and falsely documented' and put him in a bad light.

Talford alleged a false performance improvement plan (PIP) was sent to eight people on his team before being widely discussed by the company in a bid to damage his reputation and ruin his career.

That PIP said Talford was incompetent and his employers had lost confidence in him.

He claimed to have an extensive sales background and a Master of Business Administration degree in health care management.

At a national sales meeting in New Zealand in April last year Talford claimed it was clear the vast majority, if not all, of the company's sales staff had been told about or read the PIP and that he was shunned because of it.

This followed alleged gossip which was said to include 'I never liked the guy, no wonder he is on a PIP', and 'he is creepy, it's because he is a former marine, he probably killed people'.

Talford's other causes of actions included harassment, breach of contract and invasion of privacy.

Bauer said Talford was seeking upwards of US$28m (NZ$37.8m) to settle the claims.

A Fisher & Paykel Healthcare spokeswoman said the company was aware of the claims but did not accept them and was defending the case.

'This is currently before the courts and we have no further comment at this stage.'

In May, the company forecasted its sales could hit $1 billion this year.

Chief executive Lewis Gradon said at the time the company was benefiting from stronger demand for its respiratory products, with its profit jumping 18 per cent.