Judge G. H. Tomlin's Arbitrary Decision Appealed
G. H. Tomlin rendered his decision about four weeks ago that I left the company voluntarity. His reasoning went as below.The employer's witnesses credibly testified that the claimant was not a victim of either racial or national discrimination. The witness' demeanor while testifying, the character of their testimony, their lack of motive for fabricating their observations and conclusions, their attitude towards the proceeding in which each testified and the extent of their capacity to observe recollect and communicate lead the undersigned to conclude their testimony is entitled to full weight and credit.
It made me smile. Appeared to me like a "copy and paste" paragraph. Anyway, I presented my arguments as follows. (Incomplete and with many modifications)
Jeffrey Klein and Xamplify's Lack of Motive?
I had a witness, who observed the situation closely and basically described the situation at Xamplify Inc as very bad, almost exactly I have described. He is not going to gain anything from this, and in fact, the gang running this company - Andrew Rudd, Robert Oliver, Jeffrey Klein, Berlekamp et al could try to harm his career. But he has the courage of his conviction and came ahead to tell the truth. Result: Tomlin ignored his testimony, as if he didn't exist. On the other hand, the party which has most to gain by misrepresenting and lying - Jeffrey Klein and Xamplify - is deemed to have "lack of motive!" If you have significant interest in the outcome of the case, that provides enough motive to take steps to ensure a favorable outcome, and it includes "fabricating their observations and conclusions."
Capacity to Observe Recollect and Communicate
I broke it down into two parts. First part was where Klein had very clear recollections and the second part was where he developed amnesia.
Joe McCannon, Alan Stein, ... all worked.
I didn't recall Joe McCannon ever being at Xamplify while I was there. My witness said the same thing. However, his name was on the Xamplify's employees list around November 2001. Jeffrey Klein testified that he was working twelve hours a day. I did some checking and based on some "hard" evidence, I think that apparently around that time Joe McCannon was in Boston. I am ruling out his commuting to work in Berkeley from Boston.
I also showed other letters from former 'employees" and "consultants" whose accounts differ from that of Jeffrey Klein. Of course, we should not rule out a vast conspiracy against Jeffrey Klein and Xamplify, an all-American team of patriots. Still.
Sudden Memory Loss for Jeffrey Klein
Here I will give summary of two events I asked Jeffrey Klein to recall and he failed to do so.
Tom Emerson's Arrival Time at Xamplify
Thomas Emerson used to come to work at 10:15 AM or later. Frequently, he failed to show up for work without any advance warning. When I asked Jeffrey Klein about it, he just feigned ignorance stating that he didn't "micro-manage."
In the email sent out to me (read it under Jeffrey Klein's description page, if interested) the company got worried about my being away from work from 9:00 AM to 10:20 AM, three times a week. Sumer Johal and Jeffrey Klein discussed extensively about this matter and a special meeting was called. The company admitted that I was making up for the lost hours by working evening and was happy with my work. All this happened within a month of my starting to go to UC Berkeley classes. This seems to me as "micro-managing."
The company used the excuse that my being away from work caused uncertainty and the data modeling group could not hold meetings because all the data modelers had to be present. It is funny because because Tom Emerson was one of the data modelers. If he was not there from 9 to 10:15 AM all the days, as was the case, it didn't matter whether I was there during that period or not. Also since Sumer Johal and Jeffrey "discussed extensively" about this matter, it is hard to think of them not discussing Tom Emerson's hours.
Third, the company had about 15 employees. Thomas Emerson and I had desks within a few yards, all in the same room. My absence was noticed and his was not! He was almost never there before 10:15 AM and Jeffrey Klein and Sumer Johal didn't notice it!
Mass Lay-offs following My Leaving
I left on a Friday night. Jeffrey Klein testified that I would have been allowed to continue if I didn't resign. The following Monday, from what I heard, Xamplify closed down its Data Modeling group, fired Tom Emerson, fired Jeffrey Klein's godson Julian Brookes, fired one more senior executive. The Data Modeling group was the core group. It was a big event for the company of Xamplify's size. It was perhaps the biggest personnel decision Jeffrey Klein had to make before being fired a few months later. When asked about it he couldn't recall. This incident tends to support my claim that I was doing the bulk of the work. It will be easy to check out this later but Jeffrey Klein couldn't confirm or deny it!
Looking at all these evidence, talking about "extent of their capacity to observe recollect and communicate..." seems to be a farce.
Other Matters
I wrote about some other important matters too. Last time it seemed Nancy Friedberg, the Adminstrative Manager of Xamplify Inc, and Jeffrey Klein were very well prepared having taken information from my website, I would expect them to do the same this time, and am leaving out some important details or even adding some information I perhaps didn't use in my appeal.