I bet the fine print also says: You agree to work every weekend with no OT pay, and you will eat pizza every day in the office at 7pm! But don't worry, you will not need a raise since Cerner will pay for the pizza...
OLDSMSER - 9 years ago
SMS was doing this as far back as the early 1980s, when their employment agreement was found (either in whole or in part) to be unenforceable, or under constant attack, or when they discovered that they had too many "versions" of their then-current standard employment agreement in force. In order to get things standardized, they'd create a new employment agreement (with changes ranging from simple structural changes (same language, different section), to important changes in areas like non-compete/non-solicit, trade secrets or arbitration. As I understand it, the law requires a company to provide "consideration" in exchange for a unilateral contract change, so they do it in concert with a pay raise. While they can't force you to sign it, they can withhold future increases if you don't. Having worked for many companies since SMS (I left in 1989), I can tell you that this technique is not unique to this company. It can reasonably be a natural consequence of a company outgrowing old or inherited employment contracts. On the other hand, it can also be the result of meddling by the corporate counsel-du-jour in order to protect the company from phantom menaces (the best kind) and to justify their existence on the payroll.
Anonymous - 9 years ago
It is bothersome to me that they are doing this. As someone mentioned above, I see it as a way to weed out certain employees. But the ones I see leaving are the more experienced/seasoned staff who have good work ethics and compassionate about their work. I am now retired due to some of this type of actions going on amongst several companies in the healthcare industry.
Sorry to hear that this is happening.
HappyLife - 9 years ago
I understand why employees would be upset. However I understand what Cerner is trying to do. Epic has been doing similar things for new employees for a while. I guess if it is when you start you don't think about it as much. All I'm saying is at least Cerner allows the employees to stay without a pay increase for the time being and not forcing employees to sign it to keep their jobs like many organizations.
NoHorseInThisRace - 9 years ago
The thing that always fascinates me about these type of changes is that the result - while probably saving the company a significant amount of money in legal fees - is usually a loss of top tier talent within the organization. Anyone with a brain and options is going to recognize the strong arm tactic and seek employment elsewhere, so you're left with the less capable performers who are now even less motivated (or those who truly cannot leave for whatever reason).
As a recruiter who focuses on this space I am always surprised when companies chose to anger employees with strong arm tactics. It is like they want to cut headcount by forcing folks to quit in frustration, the problem is this tactic has the effect of driving the strong away. If you are confident in your skill set your will put your resume out and leave when given what what I would considered is no other choice. Kansas City is one of my favorite mid west towns for many reasons but the biggest reason is the people. Hard working, polite and eager to help. The handful of Cerner employees I have recruited over the years are all of those things.
Its simple if you love your job and have no intention of ever leaving than go ahead and swallow back that bile and sign. If not tell them to pound sand and start looking. This is a free country and you have the right to work anywhere you want!!
Anonymous - 9 years ago
My organization is a Cerner client and my perception of the company has fluctuated widely over the past 10 years. I've been especially disgusted by Cerner's business plan. Their software has improved in many respects but to make it functional requires a lot of customization. Cerner will gladly sell consulting time to multiple organizations to make the same changes rather than building it into the base product. Issues that would be bugs or defects in other software is typically said to be WAD (working as designed). If you want it fixed, you can pay for the customization yourself or submit an "idea", which is almost always rejected as "not aligned with current priorities" Other new features that are essential (to correct prior defects, safety issues or gaps in content) are incorporated into new packages that have to be purchased separately rather than being a part of already purchased upgrades.
Despite my disgust with Cerner's overall approach, I also have very positive feelings about Cerner in terms of their employees. Virtually everyone I've worked with is knowledgeable, professional and willing to go the extra mile to make things work for our staff and our patients. I have very high regard for them and enjoy working with them very much.
I think it's especially egregious that Cerner would turn on its best asset, their employees, with this forced arbitration clause. If other companies and our judicial system have engaged in or supported such abusive extortion of hard-working individuals, then shame on them too.
I bet the fine print also says: You agree to work every weekend with no OT pay, and you will eat pizza every day in the office at 7pm! But don't worry, you will not need a raise since Cerner will pay for the pizza...
SMS was doing this as far back as the early 1980s, when their employment agreement was found (either in whole or in part) to be unenforceable, or under constant attack, or when they discovered that they had too many "versions" of their then-current standard employment agreement in force. In order to get things standardized, they'd create a new employment agreement (with changes ranging from simple structural changes (same language, different section), to important changes in areas like non-compete/non-solicit, trade secrets or arbitration. As I understand it, the law requires a company to provide "consideration" in exchange for a unilateral contract change, so they do it in concert with a pay raise. While they can't force you to sign it, they can withhold future increases if you don't. Having worked for many companies since SMS (I left in 1989), I can tell you that this technique is not unique to this company. It can reasonably be a natural consequence of a company outgrowing old or inherited employment contracts. On the other hand, it can also be the result of meddling by the corporate counsel-du-jour in order to protect the company from phantom menaces (the best kind) and to justify their existence on the payroll.
It is bothersome to me that they are doing this. As someone mentioned above, I see it as a way to weed out certain employees. But the ones I see leaving are the more experienced/seasoned staff who have good work ethics and compassionate about their work. I am now retired due to some of this type of actions going on amongst several companies in the healthcare industry.
Sorry to hear that this is happening.
I understand why employees would be upset. However I understand what Cerner is trying to do. Epic has been doing similar things for new employees for a while. I guess if it is when you start you don't think about it as much. All I'm saying is at least Cerner allows the employees to stay without a pay increase for the time being and not forcing employees to sign it to keep their jobs like many organizations.
The thing that always fascinates me about these type of changes is that the result - while probably saving the company a significant amount of money in legal fees - is usually a loss of top tier talent within the organization. Anyone with a brain and options is going to recognize the strong arm tactic and seek employment elsewhere, so you're left with the less capable performers who are now even less motivated (or those who truly cannot leave for whatever reason).
As a recruiter who focuses on this space I am always surprised when companies chose to anger employees with strong arm tactics. It is like they want to cut headcount by forcing folks to quit in frustration, the problem is this tactic has the effect of driving the strong away. If you are confident in your skill set your will put your resume out and leave when given what what I would considered is no other choice. Kansas City is one of my favorite mid west towns for many reasons but the biggest reason is the people. Hard working, polite and eager to help. The handful of Cerner employees I have recruited over the years are all of those things.
Its simple if you love your job and have no intention of ever leaving than go ahead and swallow back that bile and sign. If not tell them to pound sand and start looking. This is a free country and you have the right to work anywhere you want!!
My organization is a Cerner client and my perception of the company has fluctuated widely over the past 10 years. I've been especially disgusted by Cerner's business plan. Their software has improved in many respects but to make it functional requires a lot of customization. Cerner will gladly sell consulting time to multiple organizations to make the same changes rather than building it into the base product. Issues that would be bugs or defects in other software is typically said to be WAD (working as designed). If you want it fixed, you can pay for the customization yourself or submit an "idea", which is almost always rejected as "not aligned with current priorities" Other new features that are essential (to correct prior defects, safety issues or gaps in content) are incorporated into new packages that have to be purchased separately rather than being a part of already purchased upgrades.
Despite my disgust with Cerner's overall approach, I also have very positive feelings about Cerner in terms of their employees. Virtually everyone I've worked with is knowledgeable, professional and willing to go the extra mile to make things work for our staff and our patients. I have very high regard for them and enjoy working with them very much.
I think it's especially egregious that Cerner would turn on its best asset, their employees, with this forced arbitration clause. If other companies and our judicial system have engaged in or supported such abusive extortion of hard-working individuals, then shame on them too.