Emmanuel Kepas
158 North 920 West
Orem, UT 84057
Cell: 801-857-0992
Email: ekepas@gmail.com

Status: Due to new evidence, a new trial will be requested. And, there will be more lawsuits.

Table of Contents

Arbitration and Court Documents

Conflict of Courts' Rulings

Equal Employment Opportunity Commission

Miscellaneous

News Worthy Information and the Strongest Evidence

Unredacted Files

News Worthy Information and the Strongest Evidence:

• Insider trading by an executive of eBay. And, proof that the arbitrator did not read the evidence, and proof that Mr. Kepas did not get good counsel. Click here.
• EBay falsified evidence:
  • Example 1: from a Forensic Expert Report (Exhibit A is a summary of Exhibit B, which is 50 pages and is not included)
  • Example 2: Mr. Kepas' Performance Reviews:
    • Mr. Kepas first knew about the last two scores when he was shown them during his deposition with eBay's lawyer, Matt Durham, on January 28, 2008. Mr. Kepas never received the written evaluations. The scores were made up to justify firing him.
    • Mr. Kepas' last performance review:
      • Included about 1.5 months of sick leave.
      • EBay revised it many times.
      • Contained a Performance Improvement Plan (PIP) that he never received to justify eBay firing him.
  • Awards and Performance History
• Bill Cobb, President of North America:
  • He had a sexual relationship with an employee.
• Maynard Webb, Chief Operations Officer:
  • Susan Dutton performed a lap dance for him:
    • A witness to the lap dance -> Declaration of Brandon Scheuerman.
• Wendy Jones, VP:
  • Sexual harassment complaint by Carol Dombrowski:
    • October 31, 2007
    • November 2, 2007
    • Testimony by Katy Holt-Lorson reinforces inappropriateness between Wendy Jones and Carol Dombrowski.
  • Michelle Parker spent the night at Wendy Jones' house.
  • Inappropriateness
• Tim Paine, VP:
  • He had a relationship with an employee, Julie Williamson, who was two levels below him. This link opens to the page the evidence is on:
    • During this relationship, he requested a subordinate to lower a performance review of another subordinate. This link opens to the page the evidence is on.
    • He tried to control the situation. This link opens to the page the evidence is on.
• Scott Newman, VP: Susan Dutton filed a sexual harassment claim against him.
• Meg Whitman:
  • Age Discrimination:
    • Her view.
    • The law.
  • Sexual harassment lawsuit settled against Ms. Whitman's openly lesbian activist Personal Assistant, Anita Gaeta, for about 12 years and eBay.
  • Ms. Whitman knows Mr. Kepas. In an affidavit, she stated that she did not know Mr. Kepas:
    • Her letter to Mr. Kepas.
    • Her affidavit.
    • Mr. Kepas' shipment to her of all of the pertinent documents of his lawsuit.
    • Mr. Kepas' employees witnessed her shaking his hand and thanking him for his work.
    • Mr. Kepas was important enough to remember.
• EBay's lawyer, Matt Durham:
  • Mr. Durham was told about the fraudulent evidence, withheld evidence and destroyed evidence. See Order on Motion to Compel.
  • Mr. Durham virtually worked at eBay for about two months reviewing the documents and the testimonies. Then, he took time off, which coincided with his associate signing for the validity of things.
  • Mr. Kepas should have gotten a default judgment, because eBay never complied.
  • Mr. Durham did not do anything about the insider trading.
  • When eBay employees’ were being deposed, and when the testimony was going in Mr. Kepas' favor, Mr. Durham would ask for a break, and he and the testifier would go into another room. The testimony of everybody from eBay is essentially the same.
• An example of a breach of contract due to discrimination and most likely a deal for sex:
  • Even though Susan Dutton had a track record of poor performance, and she should have been fired, she was given Mr. Kepas' job, and she was promoted fairly soon thereafter. Mr. Kepas was demoted.
• Age Discrimination by CEO Meg Whitman:
  • Her view.
  • The law.
• Discrimination: EBay is an "Old Boys Network, except it is women."
• An example of bribery, inappropriate sexual dialog, harassment, lying, and retaliation:
  • Declaration of Clinton Ericson.
• A woman that reports to a vice-president exposed herself in a restaurant. She took over Mr. Kepas' job within 30 days.

Arbitration and Court Documents:

• Arbitration (Emmanuel D. Kepas v. eBay, Inc.; Case No. 77 460 00465 06):
  • American Arbitration Association (AAA):
    • Protective Order (July 27, 2007)
    • Motion for Default Judgment and Sanctions (February 6, 2008)
    • Reply Memorandum in Support of eBay Inc.'s Motion for Protective Order (with Meg Whitman's affidavit at the end) (February 7, 2008)
    • Order on eBay's Motion for Protective Order (March 7, 2008)
    • Order on Motion to Compel (March 7, 2008)
    • Memorandum in Opposition to eBay's Motion for Summary Judgment (May 5, 2008 - Certificate of Service):
      • Unredacted information given to Mr. Kepas after Mr. Kepas answered (June 16, 2008)
    • Memorandum in Opposition to Respondent eBay Inc Motion to Strike Untimely Rule 26 Witness Disclosures (May 13, 2008)
    • Hearing (July 14, 2008): There was no court reporter at the hearing:
      • The arbitrator did not allow Mr. Kepas' lawyer to enter the unredacted information.
    • Opinion on Motion for Summary Judgment (July 30, 2008)
    • Index of Confidential Documents, Kepas v. eBay
• U.S. Equal Employment Opportunity Commission:
  • Notice of Right to Sue eBay -> Charges
  • New Evidence (December 2010)
• U.S. Court of Appeals Tenth Circuit (Emmanuel D. Kepas v. eBay, Inc.; Case No. 09-4200):
  • Appellant's Reply Brief (June 14, 2010)
  • Hearing (September 20, 2010):
    • There is about a minute missing from the audio tape of the hearing. The missing time includes Chief Justice Mary Briscoe reprimanding the Defense lawyer, Matt Durham, for not providing case references in general. Mr. Durham replied that he could submit them in an email. Chief Justice Briscoe replied with something like, "This is the Tenth Circuit Court of Appeals, and that is no follow-up." Mr. Kepas' lawyers, his wife and Mr. Kepas are witnesses.
  • Order and Judgment (November 2, 2010)
  • Petition for Panel Rehearing (November 16, 2010)
  • Order Denying Petition for Rehearing (December 2, 2010)
• U.S. District Court for the District of Utah, Central Division (Emmanuel D. Kepas v. eBay, Inc.; Case No. 2:06-CV-00612-DB):
  • Memorandum in Opposition to Defendant's Motion to Compel Arbitration and Dismiss or Stay Proceedings (September 13, 2006):
    • Exhibits:
      • Arbitration Agreement (Exhibit 1)
      • AAA Employment Arbitration Rule 45 (Exhibit 2)
  • Affidavit of Emmanuel Kepas (September 15, 2006)
  • Transcript of hearing (December 13, 2006)
• U.S. Supreme Court:
  • Petition for Writ of Certiorari (Emmanuel D. Kepas, Petitioner v. eBay Inc.; Case No. 10-1085); March 2, 2011
  • Letter to the Tenth Circuit Court of Appeals and to the U.S. Supreme Court (March 7, 2011)
• Utah Labor Commission (Emmanuel D. Kepas v. eBay, Inc. and/or American Home Assurance; Case No. 06-0439):
  • Opinion and Order: Proves that the work environment did not cause the disability. The harassment, the demotion, and the retaliation did (December 29, 2006).
  • Granted unemployment, which proves that Mr. Kepas should not have been fired (February 2, 2007).

Conflict of Courts' Rulings:

• Courts have ruled that if an agreement is illegal, it is unenforceable. In Mr. Kepas' lawsuit, the Tenth Circuit Court of Appeals ruled stated that if an agreement is illegal, it is enforceable:
  • Important points:
    • EBay requires new employees to go through a three month probationary period. After it, eBay makes the employees sign an arbitration agreement. EBay does not disclose before the hiring that a new employee has to sign an arbitration agreement.
    • Many including Mr. Kepas believe that an arbitration agreement is unconstitutional:
      • There is no ability to appeal.
      • The arbitrator is paid by the companies, and there seems to be no check of the amount. Mr. Kepas' arbitrator was paid $31,778.73 for about 20 hours of work.
      • The arbitrator is usually always not a judge.
      • The cases like Mr. Kepas' are too important to allow the preceding.
  • Tenth Circuit Court of Appeals Dissenting Opinion
  • http://theutahemploymentlawyer.blogspot.com/2010/11/arbitration-agreement-enforceable.html
  • http://www.mmmglawblog.com/tp-080318191354/post-101101141323.shtml (halfway down the page)

Miscellaneous:

Damages Calculation (by Scott Crook, Esq.)

Termination Letter (September 21, 2006):

• Utah Labor Commission (Emmanuel D. Kepas v. eBay, Inc. and/or American Home Assurance; Case No. 06-0439):
  • Opinion and Order: Proves that the work environment did not cause Mr. Kepas' disability (stress induced tinnitus). The harassment, the demotion, and the retaliation did (December 29, 2006).
  • Granted unemployment, which proves that Mr. Kepas should not have been fired (February 2, 2007).
• EEOC rules that Mr. Kepas has a right to sue eBay (June 29, 2006):
  • Therefore, Mr. Kepas had protected status, so he could not be fired... He was fired.
• Dr. Patrick McDermott, Internist, Dr. Layne Garrett, Au.D., FAAA, CCC-A (Doctor of Audiology), and Dr. Mark Treuhaft, LCSW, MSW (Licensed Clinical Social Worker, Masters of Social Work) all agreed that Mr. Kepas needed to leave eBay to recover and not return to work under the area of authority of Wendy Jones.
• Mr. Kepas had requested other jobs that were not under Wendy Jones. EBay did not allow him any. They gave an excuse for each one. They were obviously lying.

Miscellaneous (irrelevant until a trial):

• On Mon, Jun 29, 2009 at 6:54 AM, <ekepas@gmail.com> wrote:
   

  Name: Dave Matheson
  Phone: 801 918-6492
  Email: muaythaidave@aol.com
  Comments: Hi, I'm not sure if you remember me but I'm Dave Matheson and worked for eBay where I was just wrongfully terminated and descriminated against. I was hoping that maybe you could put me in touch with your attorney or give me a call. I too was discrimated against by Susan Dutton and ultimately fired based on lies and descrimination. I would appreciate it if you could call me.
   

• ------- Original Message -------
  From    : Emmanuel Kepas[mailto:ekepas@mstarmetro.net]
  Sent    : 3/8/2007 1:58:53 PM
  To      : Scott.crook@smithlawonline.com
  Cc      :
  Subject : FW: Telephone Call with Joyce Whalen
  
   Good Afternoon Scott,
  
  The former Sr. Manager (perhaps Director) of Training and Quality Control for eBay CS, Joyce Whalen,
  called me back based on the voice mail that I left her yesterday.
  
  Joyce is retired now and would be willing to assist in anyway possible.
  Please feel free to call her at 521-6078.
  
  1) Susan Dutton removed her breasts from her clothing in a restaurant in the presence of Brad Krinhop,
  Wendy Jones and Kristine Van Campen (Kristine reported to Joyce at the time.) Based on my experience
  Kristine is a solid person.  This most likely happened in the Summer of 2004 at eBay live.  Susan exposed
  her breast at the dinner table to share with those present the "nipple discoloration" that she had after
  her breast enlargement surgery. Joyce thought Michelle Parker of HR may have been present, but was not sure.
  
  2) Susan Dutton threatened eBay with a sexual harassment lawsuit for harassment that she received from
  Scott Newman, who had brought her into eBay.  Joyce was not aware if they had a personal relationship, but
  it would not surprise her if Susan and Scott had been having a sexual relationship (Hense the letter from Stoel Rives?)
  
  3) I asked her if Susan and Wendy had a homosexual relationship and shared with her Susan's comments with
  me that she felt Wendy was "coming on to her." Joyce said that it would not surprise her either.
  
  4) Joyce was prepared to sue eBay for Age Discrimination for comments and actions made by Wendy Jones against her.
  Joyce has the documentation and would be willing to share it with you (perhaps she should visit you in the office.)
  
  5) Joyce said that Directors Tim Paine TNS and Kathy Dalpes CS filed a complaint with HR on Wendy Jones abrasive
  management style.  She said that Mark Fawson may have participated, but was not sure.
  
  6) Joyce said that Wendy Jones turned on Carolyn Patterson a short time after I was demoted.  Carolyn at that time was
  reporting to Wendy Jones.  Carolyn Patterson then received a position from SVP Rob Chestnut of TNS to remove her
  from Wendy's grasp.
  
  7) Joyce said that next to her, Wendy attacked Mark Fawson professionally - frequently.
  
  8) Joyce said that she and other mgt personnel would on occasion discuss whether Wendy Jones was Bi-Polar
  or suffered from some other severe mental illness based upon Wendy's erratic behaviors.
  
  9) When Joyce resigned, she had significant holdings in eBay stock options and was given a 3 month at home work
  period while the options vested since she received significant income (I said millions, she said that she did okay)
  Joyce and Mark Fawson were hired when eBay stock price was very low.  Joyce said that Wendy tried to back out of the
  agreement and have her fired.  She said that Mike Bringuel defended her and kept the agreement.
  
  10) Joyce said that she feels the reason why Wendy gets away with all her crap is because Joyce feels that Maynard Webb and
  Meg Whitman are "Just Like Her" and support Wendy's intimidating and threatening behaviors.
  
  Please call me and confirm receipt of this email and the earlier Brad Krinhop email and your leisure.
  
  Sincerely, Manny

 

• ------- Original Message -------
  From    : Emmanuel Kepas[mailto:ekepas@mstarmetro.net]
  Sent    : 3/7/2007 6:49:00 PM
  To      : Scott.crook@smithlawonline.com
  Cc      :
  Subject : FW: Telephone Call with Brad Krinhop
  
   Good Morning Scott,
  
  Former VP of eBay Center SLC Brad Krinhop returned my telephone
  voice mail from a couple of weeks ago today while driving back from
  SLC.
  
  Brad said that he was not really aware of any behavioral issues
  with Susan Dutton, other than he saw her drunk on a couple of
  occasions. (He may have known, but chose not to disclose.)
  
  I discussed with him Wendy Jones behaviors at eBay and Wendy's
  what I refer to as whisper campaigns against individuals that she
  does not like. Saying that she did not like someone or that she hated someone.
  
  Brad said that four months after Wendy came to eBay, when Jim Weber
  SVP was in the process of leaving, that Brad told Wendy to her face
  that it seems that a Black Cloud just rolled into eBay CS, in reference to Wendy Jones.
  
  Brad left shortly after and recommended contacting the following
  individuals who were treated poorly by Wendy.
  1) Joyce Whalen 521-6078, Joyce was the Training Manager and Wendy
  treated her very poorly until she left.  According to Brad, Joyce
  may have some documentation and comments on Wendy.  I left Joyce an
  email.
  2) Chris Bleau - Former Director developed insomnia while working
  for Wendy and perhaps some other issues.  (Chris is a good person.)
  3) Mark Fawson - According to Brad, Mark began to experience some
  health issues while working for Wendy that may have been directly
  caused by stress.
  4) Chris Colgan - Brad said that he was treated unfairly by Wendy.
  
  I mentioned Karli Kimmerle, and Brad agreed that she had been
  mistreated in like manner by Wendy.
  Brad said that he was somewhat familiar with my case a while back.
  I brought him up to date on time frames.
  He did ask me how Susan propositioned me.  So I told him.  Wonder if
  that will get back to Matt...
  
  Syd and I went to Ogden & Ben Lomond HS today and did not find the
  individual that we were looking for.
  I will try Bonneville HS next week.  Would you be able to depose
  the name from Susan in the near future?
  
  I received the letter from Matt's assistant to not contact eBay mgt
  personnel, after I walked in the door from driving back from SLC.
  What's up with that? Can they tell me what I can do?
  
  Thank you, Manny