Joel, lets not misrepresent the record. The arbitrator ruled there was no over-billing.
Let me remind you of the record.
Max was terminated on October 2nd after several job critical errors, refusing to turn over software and attempting to hold to use that leverage to garner a raise.
Three weeks later he filed a complaint with the ODJ. The ODJ asked for evidence. None was provided. The ODJ closed the investigation.
At the same time Max contacted me and alleged over-billing, providing an excel spreadsheet as evidence. The spreadsheet showed about $400 in time adjustment. He claimed he received it via an email. He refused to provide the email. He refused to identify who sent the email. The spreadsheet did not identify clients or projects of any kind. I investigated and found the claim to be ludicrous, that the spreadsheet was likely created by him, and closed my investigation.
No one corroborated the spreadsheet but Max and did not at any time turn over the email from which he claimed to have received the spreadsheet. The amount in question, $400, was nominal…tantamount to going 55.05 MPH in a 55 MPH Zone.
During the arbitration and after my testimony and evidence that the spreadsheet did not agree to invoice or reports, the arbitrator ruled that there was no evidence that NDT over-billed clients.
Unfortunately the arbitrator was going on 80 and did not have the stamina to look at the evidence. And he was mislead by a person he trusted, Linda Marshall.
And lets not forget that Max did not at any time turn over the software and after his last day his employer NDT had to shutdown for 10 days to recreate the programming.
When Justice Fails 