Chapter 8 – Lets Stop and Identify What the Arbitrator Did Not Consider

So far, many of the items of proof we provided in the arbitration through our 2 experts were either discounted or set aside by Arbitrator Crow. Let’s explore what they are.

First, M started a competing business with Paul Bower a short time after Max joined the company. His damage claim nonetheless presumed he was entitled to 10 years of compensation.

Second, M destroyed evidence on our 120 gig hard drive, including deleting files on our computers & reformatting our hard drive after he had been terminated as well as converting the company hard drive to his personal use for storage of videos and other personal files.

Third, M deleted his business emails from the 120 gig hard drive. We were able to recover some but the reformatting of the hard drive sis as he expected, it made it difficult to reconstruct the emails.

Fourth, M admitted that he destroyed his own computers denying us the opportunity to capture emails and other forensic evidence.

Fifth, he filed a false complaint against the company including alleging over-billing and DNC failures, claiming then they were criminal acts and then retracted that at arbitration.

Even if M had not been terminated, any of the above facts would have been an immediate breach of his contract and a resulting termination. But he had been terminated by email a long time before his final day with us and before his complaint. Our altruistic intent was seen by M as an opportunity to exploit the termination event. His girlfriend was an attorney.

But lets pause and summarize what M admitted to and that which he did not. M admitted to setting up a competing company with Paul Bower. M admitted to reformatting the 120 gig hard drive but did not admit that he did so the day before he turned the hard drive over to me. He did not admit to having personal videos on the hard drive, but the forensics reports confirmed they were saved to the hard drive while it was in his possession. M admitted to archiving his email just before it crashed but not deleting the files and the forensic reports confirmed that the files were not easily recoverable after the reformatting. Max admitted that he destroyed his own computers. M admitted to participating in the filing of the complaint but retracted his claim that our actions were criminal…just that it is inappropriate to write off time.

And we are just getting started on the case we presented. Much more forensic evidence ahead.

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