proof of wage-theft, fraud, and retaliation by ntt data, inc. triggered & condoned by credit...

8/17/2019 Proof of Wage-Theft, Fraud, and Retaliation by NTT Data, Inc. triggered & condoned by Credit Suisse & NTT Data,…

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Wage-theft, fraud, and retaliation by

NTT Data, Inc. and Credit Suisse:

Credit Suisse and NTT Data, Inc. continue to illegally commit and

condone wage-theft, fraud, and retaliation against me that dates back to

2012. I’ve been illegally blacklisted by them and not paid income I

earned 4 years ago and would have continued to earn while working at

Credit Suisse through a contract with NTT.

A review of the information that follows about Credit Suisse & NTT

Data, Inc. fully substantiates the claims I have made against Credit

Suisse & NTT Data, Inc.:



I. Wage-theft & Wire Fraud by NTT Data, Inc.:

The following are excerpts from an e-mail message that I received in December

of 2012 from a recruiter that worked for a company named M.I.S.I. Co., Ltd.

that NTT Data, Inc. acquired in 2011. That e-mail message contained a job

description for the position I held at Credit Suisse in New York City in 2012.

The information in that e-mail message is significant because it shows that I

would need to work overtime while working at Credit Suisse in New York City

between 2012 and 2013.



The information shown in the next set of excerpts that appear below is

significant because it confirms the following about the contract NTT Data, Inc.

issued for the purpose of having me work at Credit Suisse in New York City for

one year between 2012 and 2013:

1. NTT Data, Inc. was required to issue payments for the work I performed

at Credit Suisse that would be based upon an hourly rate that would be

calculated from a daily rate listed in an Exhibit A.

2. That contract clearly prohibited NTT Data, Inc. and Credit Suisse from

being able to control the hours I worked at Credit Suisse, determine how

I performed my work at Credit Suisse, and disciplining me

3. NTT Data, Inc. was required to notify me at least two weeks before

making a decision to terminate my job at Credit Suisse in 2012.



• Slightly redacted payment terms within the contract:



• Terms within the contract NTT Data, Inc. issued that

prohibited NTT Data, Inc. & Credit Suisse from having

control over a) the hours I worked at Credit Suisse, b) how I

worked at Credit Suisse, and c) firing, disciplining, andsupervising me:

• Example of how I worked at Credit Suisse was control by

Credit Suisse in violation of the terms of the contract NTT

Data, Inc. issued:



• Wire fraud by NTT Data, Inc. by sending an e-mail message

that fraudulently claimed my job at Credit Suisse in 2012 was

subject to a 10-hour workday. No such provision exists in the

contract NTT Data, Inc. issued for the purpose of having me

work at Credit Suisse:



• Additional instances of wire fraud by NTT Data, Inc. for the

same reasons and that I clearly objected to:



• Confirmation from other external recruiters of Credit Suisse

in 2013 that working hours at Credit Suisse are subject to 8

hours per day for the job I held at Credit Suisse in 2012:



• Additional acts of wire fraud by NTT Data, Inc.:

NTT Data, Inc. fraudulently claimed my managers at Credit Suisse had

problems with me before NTT Data, Inc. suddenly terminated my

contract to work at Credit Suisse on April 27, 2012 in retaliation for valid

complaints I had been filing with both NTT Data, Inc. and Credit Suisse

that concerned NTT Data, Inc. not paying me overtime in return for

overtime Credit Suisse was directing me to work. NTT Data, Inc. also

fraudulently claimed that Credit Suisse had directed NTT Data, Inc. to

terminate my contract to work at Credit Suisse.



The fraudulent remarks listed in the previous e-mail message shown above are

contradicted by the remarks listed in the following two e-mails that indicate my

managers at Credit Suisse appreciated me:



II. Retaliation against me by NTT Data, Inc.:

• The following e-mail dated April 10, 2012 from Ed Epstein of NTT Data,

Inc. confirms NTT Data, Inc. conspired to illegally retaliate against me by

terminating my job at Credit Suisse in retaliation for valid complaints I had

been making both to it and Credit Suisse about a) NTT Data, Inc.’s refusal

to pay for the overtime Credit Suisse had been directing me to consistently

work in violation of the terms of the contract NTT Data, Inc. issued and b)

NTT Data, Inc.’s failures to issue payments by deadlines listed in its own

payroll schedule for the work I performed at Credit Suisse.



• The following e-mail dated April 27, 2012 from Sharin Newman of NTT

Data, Inc. to Diana Cousins of Credit Suisse confirms NTT Data, Inc.

carried out its plan to illegally retaliate against me. As a result of NTT Data,

Inc.’s retaliation, it illegally deprived me of the ability to work the remaining

9 months that remained on that contract:



• The following e-mail dated May 2, 2012 confirms NTT Data, Inc. illegally

blacklisted me in retaliation for the valid complaints I had made about it.



• The language used by Ed Epstein at the end of the first line of his May 18,

2012 e-mail shown below to Fran Convery reflects how I was treated by

NTT Data, Inc. before and after I was retaliated against on April 27, 2012.



III. Credit Suisse’s May 14, 2012 response to a validwhistleblower retaliation complaint I filed with it on May 7,2012 against NTT Data, Inc. and Credit Suisse employees that

appears to defy Credit Suisse’s Supplier Code of Conduct policy and its Whistleblower policy:



IV. Conference call Credit Suisse had with NTT Data, Inc. about me with my manager at Credit Suisse and an

attorney for Credit Suisse named Adam Tomiak:



V. Retaliation against me by redit Suisse:

• The following are e-mails from October 8, 2013 between an external

recruiter that was working with Credit Suisse to try to fill job quite similar,

if not identical to the job I held with Credit Suisse in 2012. Although I was

initially scheduled to have an interview with Credit Suisse on that date,

Credit Suisse cancelled it and instead interviewed a friend of mine on that

date at a time that was after the time my interview had been scheduled to

occur. Based on the information I learned from my friend about how the

interview went, it was with my former managers at Credit Suisse.

This suggests that I have been blacklisted by Credit Suisse.



V. Defiance toward a subpoena signed by a New York City CivilCourt judge by a law firm representing Credit Suisse:



VI. Interesting information about NTT Data, Inc.:

A. $45,000 settlement agreement it reached in 2015 in an

overtime lawsuit that was filed against it at the UnitedStates District Court for the Southern District of NewYork:

The following is from page 3 of a document that was filed atthat court and reflects the terms of a settlement agreement in thatcase:



C. Information about the agencies of the U.S. federal government that seem to have issuedcontracts since 2012 to companies that comprise the NTT Group of which NTT Data, Inc. i

a member company (Source of Information: www.usaspending.gov)



D. Information about the contracts that have been issued by agencies of New York State to NTT Data, Inc.:

• Source of information: http://wwe2.osc.state.ny.us



F. Information about a recent business deal NTT reached

with Dell:

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