Amgen Whistleblowing Case

Case 3-2: Amgen Whistleblowing Case

Shawn O’Brien, a former employee at Amgen, sued the company for wrongful termination. O’Brien alleged he was terminated for brining concerns regarding the under-reporting of complaints with after market drugs. The company also had lawsuits in regards to an alleged Medicaid kickback scheme.

“Amgen's Code of Ethics emphasizes “Doing the Right Thing.” The code suggests that employees should resolve ethical dilemmas by considering the legality of proposed actions, compliance with company policies, Amgen's values, and an analysis of ethical issues including rights and respect.” (Mintz & Morris, p.128). The allegations brought forward by Shawn O’Brien contradicted the Code of Ethics in a few ways. The under-reporting of complaints brought about regarding after market drugs was in violation of federal law. All complaints should have been taken to the Food and Drug Administration and handled accordingly. O’Brien alleged he was removed from his position for doing the right thing by bringing this serious issue to the attention of management. This unethical issue contributed to the problems with Medicaid kickbacks in that the company did not live up to its own Code of Ethics and did not live by the standards of going the right thing and doing what is legally compliant.

Whistleblowing, according to the Free Dictionary by Farlex, is the disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing. O’Brien initially took the right steps by taking his concerns to management. He could have also taken his concerns to the federal government or the Food and Drug Administration since his concerns were not being dealt with by the organization.

O’Brien was motivated to act as he did based on his integrity and moral