Work Hard. Have Fun. Make History.

I don't know if Judy still tries to compare Epic with Amazon, but the comparison is more accurate than I originally thought.

Recently, I ran across Amazon's slogan: "Work Hard. Have fun. Make History." It bears a certain resemblance to Epic's slogan: "Do Good. Have Fun. Make Money." I'm not sure whose slogan came first, but I'm curious about who copied whom.

So I started doing some research. I found this article with an image of Amazon's slogan emblazoned in 9000-point font in its warehouses fulfillment centers. It didn't give me a date for the slogan, but it did describe working conditions and a management strategy that is all too familiar.

Since Judy also compares her company to Google and Facebook, here are their slogans:

Google: Do No Evil.
Facebook: Move Fast With Stable Infra. Previously, it was Move Fast, Break Things.

More Legal Stuff

Epic is suing Indian consulting firm, Tata, alleging that the consultants were stealing information from the UserWeb and passing it to an Indian EMR vendor. While Epic is the big fish in the American pond, Tata is bigger still, and their lawyers don't sound like they're willing to be pushed around.

The discovery process for the lawsuit promises to be interesting--Epic is going to have to prove its allegations (if my armchair-lawyer experience is correct), and their fiercely private stuff will have to get public scrutiny. A linked article from the link above explains how to view legal documents for free, and encourages everyone to read Epic's legal stuff. If Epic is forced to operate in a more public manner, they might have to start treating their employees and their customers with a little more trust and respect.

I expect Epic will drop the case, unless Judy (in her role as Obama's crony on the Federal Health IT Advisory Panel) is able to get some special confidential privileges.

More Class-Action Lawsuits Against Epic

This just in: Lawsuit Seeks Overtime Pay for Epic Technical Writers

There are two new lawsuits suing Epic for overtime wages, pretty much identical except for which writers each lawsuit affects. The one lawsuit is for writers who left Epic before April 2, 2014 (when an arbitration agreement went into Epic's employment contract); the other is for writers still employed after April 2.

The article didn't say which law firm was involved, but some high-end detective work (I googled James Jansen lawyer) showed that it's Habush, Habush, and Rottier. If you're a current or past writer, you ought to contact them.

Interesting article about Epic

You ought to read it:  10 Things to Know About Epic

As always with Epic articles, the comments are informative.

Epic's Customers

I've been working on a list of Epic's customers. I thought it might be useful to those seeking employment after their non-competes have expired. I struggled with how to format it in a useful manner, and then decided just to throw in the towel. It's better to teach folks how to do research than to do the research for them. (Also, more than any other post I've published, this caused no small amount of fear of Epic instituting some kind of shady repurcussions that would affect my current employment.)

Anyway, I used these search terms in google:

• epic implementation 
• "epic implementation" 
• epic systems corporation clients 

And then I just read the comments on various articles and if that triggered further searches, I rolled with it. One such comment on a nursing blog said this:

you can download an app in your iphone "mychart" it will show you the states that have EPIC program

The MyChart app is available on Android now, and it lists each organization by the state that they serve.

If it's full time work you want, start your job search with a trip to the app store of your choice.

And if anyone else wants to publish a full or partial list, I'll link to it.

By Request, Epic's Severance Agreement

Some comments on my first post alluded to a severance agreement. I promised to post it when I received it, so here it is:

The full text:

SEVERANCE AGREEMENT AND RELEASE

Regardless of whether I sign this agreement, I will be paid my normal salary and for my unused vacation accrued through my last day of work, subject to Epic's policies on pay upon termination. (Only add this language if you would not pay out unused vacation)

If I sign this Agreement and abide by its terms, my last day of work at Epic will be ________, 20__ (The "End Date"). For that End Date to be in effect and to receive the severance benefits described below, which are in addition to anything owed to me, I must sign and return this agreement to epic no later than _______, 20__. Prior to the End Date, I will fulfill my commitments to Epic in a professional and timely manner, including abiding by Epic's policies.

Epic will provide me with severance in the form of continuation of my base salary in effect on the End Date, less standard payroll deductions and withholdings, for ____ (__) weeks. The first installment of severance will be provided to me on Epic's first normal payroll date following the End Date that is at least seven (7) business days after Jennifer Peterson in Human Resources receives my signed agreement.

Although my receipt of severance pay and other factors may affect my unemployment insurance benefits, if I am awarded such benefits, Epic will not appeal that award. If I am denied such benefits, Epic also will not appear at any unemployment insurance appeal tribunal hearing unless required by law.

I am not entitled to any other severance, benefits, vacation , paid time off, leave, equity interest, bonus, commission or other payment, compensation, or consideration of any kind (including, for example, that Epic will not match any 401(k) amounts contributed by me in 2012), except those expressly described in this agreement. I have been paid all other compensation owed and for all hours worked except those expressly described in this agreement. I have been paid all other compensation owed and for all hours worked except as described in the first paragraph above, received all leave and leave benefits and protections for which I am eligible, and haven't to my knowledge suffered an on-the-job injury for which I haven't already filed a claim.

I agree not to reapply for or seek employment with or at Epic.

I generally and completely release, and promise not to sue, the Company with respect to any and all releasable claims I may have against the Company. The "Company" includes Epic, it's affiliates and subsidiaries, and its and their past and present officers, directors, employees, agents, owners, insurers, predecessors, successors and assigns. This release does not apply to any claims that may arise after the date I sign this agreement or any claims that cannot be released under applicable law. Otherwise, the release claims include all claims, whether or known now or later discovered, whether based on contract, tort, statute or otherwise, which arise out of or are in any way related to any events, acts, conduct or omissions occurring prior to my signing this agreement, including claims for future damages allegedly arising from the continuation of the effects of any such events, acts, conduct or omissions. For illustration only, the released claims include any claim arising out of (1) alleged discrimination of any type, (2) my Epic employment, agreements, compensation or benefits, or the termination of employment, or (3) any federal, state or local law, regulation, ordinance or order concerning the employee relationship, compensation or benefits, or the termination of employment. Nothing in this release is a waiver of a right to file a charge or complaint with administrative agencies such as the federal EEOC that I cannot be prohibited from or punished for filing as a matter of law, but I waive any right to recover damages or obtain individual relief that might otherwise result from the filing of any such charge with regard to any released claim.

This agreement represents the entire agreement between Epic and me, and it completely supersedes any prior or simultaneous oral, written, or implied agreements, statements or understandings concerning its subject matter. This agreement doesn't supersede my continuing obligations under the Epic Employment Agreement, including for example obligations relating to confidentiality, intellectual property or non-competition, or other continuing obligations that I have to Epic under any other agreement.

This jiggered some memories I had of when Epic tried to get me to repay the moving costs that they incurred by employing me. I told them I would do no such thing, and they let the issue drop.

Epic and the Non-Compete

My google alert for the QA class action lawsuit notified me of something interesting this week. Apparently, some of the local consulting companies were poaching from Epic. Thanks to some shady practices which have all been mentioned in the comments on this blog, Epic got Vonlay (which is in the process of being bought by Huron Consulting Group in Chicago) to agree to a two year non-compete for ex-Epic employees. Read the article here.

There are several noteworthy items. I've italicized quotes from the Isthmus article.

1. The Healthcare IT world knows that Epic underpays and overworks its employees. As soon as the ex-employee goes to consulting, they start to make double the pay with fewer hours. "You can make $180,000 to $200,000 a year," says a consulting executive, compared to the $100,000 that same employee might have made back at Epic. "And for us, it's 40 hours billable, maybe 50 total including travel."
2. Non-competes are bad for job-seekers, bad for companies looking for qualified staff, and bad for communities. There is, in fact, compelling evidence that broad no-compete clauses suppress economic activity and damage wage levels, according to the Ewing Marion Kauffman Foundation, which promotes entrepreneurialism. It reports that "job creation and economic growth will be hindered" by the clauses, and workers subject to strict noncompete terms suffer "lower compensation in their next job, skill atrophy and a degradation of professional networks."
3. Epic is shady. Epic had successfully intervened at the 11th hour to insist that Huron not hire Epic employees within two years of them leaving the company. 
4. Epic operates with questionable legality. [Speculation] circles around Epic fearing it might be treading on federal antitrust laws and being accused of anti-competitive business practices.
5.  Epic doesn't want what's best for its customers or what's best for its employees. Epic only wants what's best for EpicJudy. Epic enforces its no-hire clause through "conspiring" with its customers, which include all of the hospitals and major physician practices, and through the third-party consulting companies.  Epic... effectively dictates job terms and other matters to the consulting companies, whose business is augmenting staff and fine-tuning software for Epic clients once their system is up and running. If those consulting firms fail to toe the Epic line, the company can deny them access to the technical documentation for a health system's Epic software. And that means the consultants can't do their job.
   Clients, on the other hand, are rewarded for agreeing to honor Epic's noncompete clause in their own hiring -- in the form of receiving substantial "preferred customer" discounts to their yearly maintenance fees.
   In the end, this means a hospital can't turn around and hire the young Epic whiz kid who just spent two years installing its Epic software. Nor can that Epic wiz kid quit her job and walk across the street to work for an Epic consultant who might have a contract with that hospital
6. If there were enough backlash, Epic might back down further on the non-compete. Huron and Vonlay officials did not respond to queries, but Epic spokesman Brian Spranger confirmed that Huron had agreed to a two-year noncompete term. And then the shocker: "This is being reverted to a one-year term." Spranger offered no explanation in his email for the reversal. "We'd rather not comment on the policy as a whole." 

This was one of the more interesting articles I've read about Epic in a long time. Perception is reality, according to the pre-staff meeting powerpoint slides. I wonder how Judy feels about her company being perceived as a shady, strangleholding, antitrust-worthy corporate giant.