You are on page 1of 3


04/07/05 - Initial email between senior recruiter Brian Vivaldi of TekSystems and plaintiff Mariyam Akmal, discussing her being submitted as a candidate for a FoxPro to Asp.Net migration contract. 04/07/05 - Email from senior recruiter Brian Vivaldi of TekSystems containing the job description of their client Cingular Wireless. 04/12/05 - Email from Justin Born of TekSystems welcoming plaintiff Mariyam Akmal to the project, indicating my begin date of Monday April 18, 2005 and that the project length was 1+ year(s). 04/20/05 – Email from senior recruiter Brian Vivaldi inquiring as to how plaintiff Mariyam Akmal’s first day on the new project had gone. 05/23/05 – Email plaintiff Mariyam Akmal sent to herself in order to document when she submitted her initial work on the back end portion of the Timesheet application to Cingular employee Benjamin Potter. 05/31/05 – Screenshot of rescheduled Meeting Notice showing that the date/time stamp indicates that the EOD team’s regularly scheduled Monday morning meeting was being rescheduled to Tuesday due to the Memorial Day holiday. 06/01/05 – Email from Justin Born of TekSystems to TekSystems EOD Team members revoking our working schedule flex-time and “moving forward” [as of 6/1/05] establishing a new schedule of 9-5 indicating that everyone [individually] confirmed their commitment to this new schedule. The email also indicates that it applies to all TekSystems employees, but that any concerns can be addressed to him and discussed. Plaintiff Mariyam Akmal was not at this time a TekSystems employee, her services were retained as an independent contractor and as such was governed per Washington state laws. 06/02/05 – Email conversation in which plaintiff Mariyam Akmal asks her recruiter Brian Vivaldi when payment of her first invoice can be expected. Mr. Vivaldi indicates it should be 30 days from the time the first invoice was submitted, but says he’ll check and that he’ll give her a call to discuss the matter but doesn’t say on what date he will call. 06/15/05 – Email originally dated 6/14/05 in which a. Senior recruiter Brian Vivaldi states he assumes the check to pay plaintiff Mariyam Akmal’s first invoice will be issued on June 16, but that he will call payroll to double check.

2. 3.

4. 5.





b. Mr. Vivaldi then responds to Ms. Akmal’s indication that the new schedule designated by Gilberto Ramirez of Cingular Wireless will not work for her. Mr. Vivaldi indicates that the working schedule is 9-5 for now and that Ms. Akmal would be required to request a special schedule in order to work anything outside of those stated hours. He then asks what hours she would prefer and states he’ll phone her later to discuss the specifics. c. Ms. Akmal responds to Mr. Vivaldi’s reply letting him know that in spite of being told that the new working schedule applies to all members of the EOD team, that at 7 minutes to 10:00 a.m. team members Ben Potter, a Cingular employee, Wendy Carroll and Chris M, both employees of TekSystems have not yet arrived for work. 10. 06/22/05 – Email in which: a. Senior Recruiter Brian Vivaldi asks plaintiff Mariyam Akmal to please complete a SQL evaluation in anticipation of possibly reassigning her to a different contract if the work schedule issue at TekSystems’ client Cingular Wireless can not be resolved. b. Mr. Vivaldi replies that her responses to the evaluation “looks great”. He further goes on and thanks her for the “quick turnaround” regarding getting it done and states that “having the quIz on file will help expedite future job opportunities!” 11. 06/24/05 – Letter written on TekSystems stationary and signed by Sandra Dea, Customer Support Supervisor indicating: a. That TekSystems owed plaintiff Mariyam Akmal a payment as of June 16, 2005 and that they owed her an outstanding amount of $4400. b. That they were going to send a check to cover this outstanding payment via overnight delivery and that Ms. Akmal would have the check on 6/25/05. 12. 06/27/05 - Printout of FedEx delivery record proving that TekSystems did not deliver plaintiff’s 1st check for payment of invoices 10055 and 10056, dated 5/14/05 and 5/21/05 respectively as promised. 06/27/05 – Letter given to plaintiff Mariyam Akmal by Bank of America Vice President Tyron Christopherson indicating that plaintiff’s initial attempt to cash the check issued by TekSystems resulted in plaintiff being told that a stop payment had been issued on the check. It was only at plaintiff’s insistence that they find out how and why the stop payment had been issued when they reversed their position and “deemed” the check good.



Photocopy of check #0000510898 issued in the amount of $4400.00 indicating it’s payment against invoices 10055 and 10056. The check is dated 6/23/06 so there is no reasonable explanation for why it was not in the TekSystems office in Bellevue, Washington on the promised date of 6/24/06, after having missed the original payment date of 6/16/05. 07/01/05 - FAX Confirmation Sheet and letter from plaintiff Mariyam Akmal to Mr. Sean McGraw in TekSystems’ corporate offices in Hanover, Maryland. The letter indicates: a. Plaintiff had previously requested a copy of the Primary Agreement between Cingular Wireless and TekSystems since language contained in plaintiff’s Secondary Provider’s contract is based upon items stipulated in the Primary Agreement. The applicable portions of the Primary Agreement were never sent to plaintiff. b. Plaintiff indicates that the manner in which she was given notice violated her Secondary Provider agreement and that she indicated as much to Mr. Born of TekSystems yet he failed to address the issue. She then indicated that since no notice was given that TekSystems in lieu of notice owed her an additional invoice payment of $2200.00 c. Plaintiff was not pleased with the manner in which she was notified that her services were no longer needed. She contends that such blatant disregard for the terms of the contract by which all parties are bound are violations of Washington state laws governing unfair business practices, violations of which make the violator liable for treble damages.


16. 17.

Photocopy of badge issued to plaintiff Mariyam Akmal indicating an expiration date of 12/31/05. Screenshot of Instant Message conversation window in which Gilberto Ramirez, plaintiff’s manager at Cingular Wireless messages plaintiff with the following statement: “are you naked on that picture????” Photocopy of document submitted to Washington state department of Employment Security in which TekSystems falsely states that plaintiff Mariyam Akmal was terminated due to her “inability to perform the work for which she was hired.”