Complaint - Cyrus Hoseyni, Ira Spector, Greg Zhou, Stephen Kopko, Robert Moyer
1. Vamsidhar R Vurimindi, Plaintiff313 Arch Street, Unit 607, Philadelphia, PA 19106Vs.1. Wyeth Pharmaceuticals, C/o. Pfizer, Inc235 East 42nd Street, New York, NY 100172. Accenture1345 Avenue of the Americas, New York, NY 101053. Inventive Clinical Solutions16225 Park Ten Place, Suite 200, Houston, TX 770844. HealthCore800 Delaware Avenue, 5thFlr, Wilmington, DE 198015. Hemispherex BioPharma1617 JFK Blvd., 6th Flr, Philadelphia, PA 191036. Cyrus Hoseyni500 Arcola Road, Collegeville, PA 194267. Ira Spector500 Arcola Road, Collegeville, PA 194268. Greg Zhou500 Arcola Road, Collegeville, PA 194269. Stephen Kopko500 Arcola Road, Collegeville, PA 1942610. Robert Moyer500 Arcola Road, Collegeville, PA 1942611. Valerie Williams500 Arcola Road, Collegeville, PA 19426Defendants))))))))))))))))))))))))Court of Common PleasPhiladelphia County, PennsylvaniaJanuary Term 2010No: 0007Complaint for Promissory EstoppelComplaint for Wrongful TerminationComplaint for SlanderComplaint for Conspiracy to Interfere withPlaintiffs Civil RightsComplaint for Intentional Infliction ofEmotional DistressComplaint for Intentional Interference withEconomic RelationshipComplaint for Age DiscriminationComplaint for Invasion of Privacy - Intrusionof Solitude and Seclusion, Public Disclosureof Private Facts, False LightComplaint for Retaliation by Disseminationof Negative Employment Reference inViolation to CRA 1964, Title VIIComplaint for Fraudulent MisrepresentationN O T I C EYou have been sued in court. If you wish to defend against theclaims set forth in the following pages, you must take action withintwenty (20) days after this complaint and notice are served, byentering a written appearance personally or by attorney and filing inwriting with the court your defenses or objections to the claims setforth against you. You are warned that if you fail to do so the casemay proceed without you and a judgment may be entered againstyou by the court without further notice for any money claimed inthe complaint or for any other claim or relief requested by thePlaintiff. You may lose money or property or other rights importantto you.You should take this paper to your lawyer at once. If you do nothave a lawyer, go to or telephone the office set forth below. Thisoffice can provide you with information about hiring a Lawyer. Ifyou cannot afford to hire a lawyer, this office may be able toprovide you with information about agencies that may offer legalservices to eligible persons at a reduced fee or no fee.Philadelphia Bar AssociationLawyer Referral and Information ServicesOne Reading CenterPhiladelphia, Pennsylvania 19107(215) 238-6333TTY (215) 451-6197A V I S OUSTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defendersede las demandas que se presentan más adelante en las siguientespáginas, debe tomar acción dentro de los próximos veinte (20) díasdespués de la notificación de esta demanda y aviso radicandopersonalmente o por medio de un abogado una comparecencia escritay radicando en la corte por escrito sus defensas de, y objecciones a, lasdemandas presentadas aquí en contra suya. Se le advierte de queSi usted falla de tomar acción como se describe anteriormente, el casopuede proceder sin usted y un fallo por cualquier suma de dineroreclamada en la demanda o cualquier otra reclamación o remediosolicitado por el demandante puede ser dictado en contra suya por lacorte sin más aviso adicional. Usted puede perder dinero o propiedad uotros derechos importantes para usted.Usted debe llevar este documento a su abogado inmediatamente. Siusted no tiene un abogado, llame o vaya a la siguiente oficina. Estaoficina puede proveerle informacion a cerca de como conseguir unabogado. Si usted no puede pagar por los servicios de un abogado, esposible que esta oficina le pueda proveer informacion sobre agenciasque ofrezcan servicios legales sin cargo o bajo costo a personas quecualifican.Associacion de Licenciados de FiladelfiaServicio de Referencis eOne Reading CenterFiladelfia, Pennsylvania 19107(215) 238-6333TTY (215) 451-6197
Page 2 of 85THIRD AMENDED COMPLAINT(I) INTRODUCTION:This civil action arise after Plaintiff, Vamsidhar Vurimindi’ (“Vurimindi”) contractualemployment was terminated in March 2009 by Wyeth Pharmaceuticals (“Wyeth”), despiteWyeth managers made specific promise to retain Vurimindi until end of November 2009 and inresponse to specific duration Vurimindi agreed to take reduced bill rate than that Wyethnormally pay for the position. In addition, while Vurimindi working at Wyeth under a specificduration contractual employment, prior to terminating Vurimindi’ contractual employment,Wyeth managers purposefully contacted Vurimindi’ classmates at Wharton, UPenn and FuquaSchool of Business, Duke University (“Duke”) and made depreciatory statements to imputeVurimindi’ ability as a professional. In addition, Wyeth managers organized a smear campaignagainst Vurimindi within Wyeth and at Duke by projecting Vurimindi as a Juvenile delinquent,having previous criminal record and not as a person was properly grounded with a decent set ofvalues and permanently and irrevocably damaged Vurimindi’ image and reputation among hispeers. As a result, Vurimindi suffered from severe emotional distress and Vurimindi made aformal complaint about possible discriminatory employment practices and hostile workenvironment at Wyeth. Immediately, Wyeth Managers systematically demoted Vurimindi andultimately eliminated Vurimindi’ position and terminated Vurimindi’ contractual employmenteight (8) months before actual contract end date. In addition, after Vurimindi initiated this civilaction, Wyeth managers retaliated Vurimindi through purposeful dissemination of negativeemployment reference.After a great difficulty and after 18 month of unemployment and after partiallyrecovering from severe emotional distress, in October 2010 Vurimindi obtained a two (2)months duration contractual employment at HealthCore, Inc (“HealthCore”). Immediately,within few days after Vurimindi begins his contractual employment, Wyeth managerspurposefully contacted Vurimindi’ manager at HealthCore and disseminated negativeemployment reference. After that Vurimindi’ colleagues begin to make depreciatory statementsabout Vurimindi and when Vurimindi enquired, HealthCore terminated Vurimindi’ contractualemployment prior to the expiration of the two (2) months contractual duration without notice.
Page 3 of 85After that, in December 2010, Vurimindi secured another contractual employment atHemispherex Biopharma, Inc (“Hemispherex”) and within few weeks Wyeth managerspurposefully contacted Vurimindi’ manager at Hemispherex and disseminated negativeemployment reference. After receiving negative employment reference, Hemispherex managerbegin to slight, sneer and made depreciatory statements about Vurimindi to his colleagues. InSeptember 2011, upon enquiry, as to why his colleagues are making depreciatory statements,without notice Hemispherex terminated Vurimindi’ contractual employment. After that, inOctober 2011 when Vurimindi attempted to obtain an employment at Theorem, a CRO locatedin King of Prussia, PA, Wyeth managers purposefully disseminated negative employmentreference and suggested not hire Vurimindi.(II) NARRATIVE OPERATIVE FACTS:In June 2002, Vurimindi begins working at GlaxoSmithKline (“GSK”), Philadelphia, PA as aStatistical Programmer. A year after, Vurimindi started working at GSK and sometime in July2003, Vurimindi’ manager begin to disrespect Vurimindi’ dignity and interfered with his jobperformance. Six months later, in December 2003, just few days before the Christmas holidays,Vurimindi’ contractual employment was terminated by GSK and upon termination, ClinForce,Vurimindi’ employer revoked his H1B visa. Immediately, Vurimindi filed a complaint with EEOCfor wrongful discharge and employment discrimination (sexual harassment). Because, it isparamount for Vurimindi to retain his H1B visa status, Vurimindi focused his efforts to find anemployer to sponsor his H1B visa and after a great difficulty, Vurimindi was able find anemployer to sponsor H1B visa and a job in Maclean, VA. As soon, Vurimindi begin his new job atMaclean, VA, Vurimindi abandons his complaint with EEOC and continued to search for a job inand around Philadelphia, PA.Approximately after ten (10) months, in October 2004, Vurimindi was contacted by arecruiter from Boston, MA and told about a Philadelphia, PA based outsourcing statisticalprogramming project management opportunity with Cytel, Inc (“Cytel”) and arranged aninterview with Cytel. During the interview and prior to hire Vurimindi, Cytel explained nature ofoutsourcing project at Wyeth Pharmaceuticals (“Wyeth”) as Wyeth proposed to outsource itsclinical trial data analysis work to India on a pilot basis for three(3) months and if the pilot
Page 4 of 85project was successful, then Wyeth would extend the scope, size and duration of project.During pilot period and post pilot period, Vurimindi would work two (2) days in week at Wyethsite and three (3) days in week from his home. Cytel told to Vurimindi that a team of SASprogrammers were recruited for this project at their Pune, India location and thoseprogrammers would remotely log-in onto Wyeth computer data servers using VPN1connection.In November 2004, Cytel hired Vurimindi on a three (3) months short-term contractualemployment basis. Immediately, Vurimindi and his team reported to Kopko and Moyer and inturn Vurimindi’ team was asked to validate Wyeth Global Biostatistics SAS® Macros. Vurimindi’team begins to work for Wyeth without having the required VPN access to Wyeth computerdata servers. Despite, many times Vurimindi told to Wyeth that VPN connection for his team inIndia is vital and paramount for successful execution of outsourcing project, Wyeth didn’t giverequired VPN connectivity to his team. In order to overcome the deficiency of required VPNconnection, Vurimindi begin working overtime without pay. As soon, Vurimindi overcome thedeficiency of VPN connectivity with great difficulty and start delivering Cytel’ work productaccording to original Wyeth expectations, Wyeth employees Kopko, Moyer, Maria Reiss(“Riess”), Valerie Williams, (“Williams”), Anthony Shaw (“Shaw”), Ronald Test (“Test”), Chao Li(“Li”) an independent SAS consultant, and interns Michael Jessup (“Jessup”) and Judi Forman(“Forman”) told to Vurimindi’ team about GSK terminating Vurimindi’ employment andsubsequent revocation of his H1B visa and Vurimindi’ sexual harassment complaint with EEOCto Vurimindi’ female team members and asked them not to follow Vurimindi’ instructions andtold to Cytel that Vurimindi is not a capable to manage the project and asked to find areplacement for Vurimindi.Immediately, Cytel made enquires about Vurimindi’ ability to manage the project andhis EEOC complaint against GSK. Vurimindi was terrified with Cytel enquiry, because uponsuccessful completion of first three (3) months pilot project, Cytel promised to Vurimindi tosponsor a H1B visa and his permanent residency (“Green Card”) application and possibility of1 A virtual private network (VPN) is a technology for using the Internet or another intermediate network to connect computersto isolated remote computer networks that would otherwise be inaccessible. A VPN provides security so that traffic sentthrough the VPN connection stays isolated from other computers on the intermediate network. VPNs can connect individualusers to a remote network or connect multiple networks together.
Page 5 of 85losing his opportunity of H1B visa and Green Card sponsorship, due to Wyeth employeesimputing Vurimindi’ ability to manage the outsourcing project.At that time, Vurimindi told to Cytel, that he don’t have any idea as to why Wyethexpress concern about his ability, despite, Vurimindi working over-time without pay anddelivering Cytel’ work product according to original expectations, while the originalexpectations was based on Wyeth providing required VPN connection. Vurimindi assured toCytel that he would continue to deliver Cytel’ work product within the budget and asked Cytelto pursue Wyeth to follow through their contractual promise of giving required VPNconnection, increase the duration, size and scope of the project. At the end of initial three (3)month pilot project, upon successful delivery of Cytel work product, Wyeth decided topermanently contract with Cytel. Immediately, thereafter Cytel offered a permanentemployment and sponsored H1B visa and petitioned for Vurimindi’ permanent residency status(“Green Card”). Nevertheless, Wyeth didn’t provide the required VPN connection.As soon Wyeth decided to permanently contract with Cytel, Vurimindi begin to exploreopportunities within Wyeth to expand outsourcing project scope into clinical data analysiswork, for which originally Vurimindi and his team was brought into Wyeth. As soon, Vurimindibegins to talk to Wyeth therapeutic area heads, Kopko, Moyer, Zhou, Spector and other Wyethemployees told to Wyeth therapeutic area heads not to engage Vurimindi in clinical dataanalysis by saying that he “slow”, “don’t have interest in his job”, “didn’t pass high school” and“he can’t process two things at one time”. As a result of negative publicity, Wyeth therapeuticarea heads didn’t engage Vurimindi and his team in clinical data analysis work. Subsequently, asa result, Vurimindi permanently lost valuable time and opportunity to gain hands on experiencein the statistical analysis work, which would allow Vurimindi earn higher wages with stableemployment in future. Because, finding another employer who can sponsor H1B visa and GreenCard is very difficult, and Cytel petitioned for Vurimindi’ Green Card, Vurimindi continued towork for Cytel and continue to validate the SAS® Macros until Wyeth asked to annotate CRFs2.2 A case report form (or CRF) is a paper or electronic questionnaire specifically used in clinical trial research. The Case ReportForm is the tool used by the sponsor of the clinical trial to collect data from each participating site. All data on each patientparticipating in a clinical trial are held and/or documented in the CRF, including adverse events.
Page 6 of 85In November 2006, Wyeth hired Cyrus Hoseyni (“Hoseyni”) as head of Wyeth globalstatistics division. Immediately, Kopko, Moyer, Zhou, Spector and other Wyeth employees toldto Hoseyni that Vurimindi’ team was “slow”, and Vurimindi “don’t have interest in his job”.Quickly thereafter dynamics around Vurimindi’ work situation drastically deteriorated andWyeth asked Vurimindi’ team to annotate CRFs, which is a menial task, when compared withClinical Data Analysis work. Quickly thereafter Hoseyni decided to sign a new contract withAccenture to outsource Wyeth Clinical Data Analysis work.In June 2007, prior to Wyeth terminate Cytel’ contract, Vurimindi begins to explorepossibilities to get admitted into an MBA program, and applied for an admission into a Pre-MBAcourse at Wharton. Upon, Wyeth give notice of termination of Cytel’ contract, Vurimindi askedKopko and Moyer whether they can hire Vurimindi as an independent consultant with directcontract with Wyeth for the duration of his MBA program. Kopko and Moyer agreed to hireVurimindi through Inventive with flexible work hours through the duration of his MBA programas CDISC® Subject Matter Expert with an annual pay rate of $120,000, which Kopko and Moyerbelieve is less than Vurimindi is being paid by Cytel as Project Manager. Vurimindi agreed totake reduced bill rate than that Wyeth normally pays for the position, because Wyeth managersmade specific promise to retain Vurimindi through the duration of his MBA program. Right afterthat, Kopko and Moyer asked Vurimindi to submit an employment application with Inventive. InJune 2007, based on the arrangement with Kopko and Moyer, Inventive hired Vurimindi at thesalary agreed upon with Kopko and Moyer. Based on Kopko and Moyer’ assurances and quickhiring by Inventive at agreed upon salary, Vurimindi believed promises made to him by Kopkoand Moyer. Based on the belief on these promises, while continuing his Pre-MBA, Vurimindibegin his process of applying into an MBA program.In July 2007, Vurimindi commenced his work as CDISC® Subject Matter Expert at Wyeth.Kopko and Moyer asked Vurimindi to prepare data mapping document, which is a functionaland technical requirement document for Accenture to implement data migration. Accentureemployees asked Vurimindi to prepare functional and technical requirements in a specificformat and Vurimindi delivered the data mapping document in the required format.
Page 7 of 85Nevertheless, Accenture team run into a chain of issues based on the choice their software thatthey decided to use to implement data migration.At that time, Vurimindi casually suggested using SAS® software to implement datamigration and in response Accenture employees threatened Vurimindi of losing his job makingthis suggestion. While, Accenture team continues to run into issues, and when Hoseyni askedVurimindi told to Hoseyni about the deficiencies in the data migration process. Immediately,thereafter, Vurimindi started to hear rumors among Vurimindi’ classmates at Wharton aboutVurimindi as Vurimindi “is not capable to handle managerial responsibilities”, “was a Juveniledelinquent”, and “didn’t pass high school” which seriously undermined Vurimindi’ credibility atWharton as a student and as a professional among the student body.Immediately, Vurimindi contacted Kopko and Moyer and asked to allow him tocomplete his Pre-MBA program at Wharton and MBA program that he planned to enroll andclarified to them that Vurimindi suggested using SAS® software only in the best interest of theWyeth, Accenture and people working on the data migration project. At that time, Kopko andMoyer re-assured Vurimindi that they will retain Vurimindi through his MBA program. Hoseyni,Kopko and Moyer write recommendation letters on behalf of Vurimindi for Vurimindi’admission into Duke, and UPenn etc., and Vurimindi get admitted into an MBA program at Dukeand Vurimindi self financed the tuition fee.In November 2007, Hoseyni enquired Vurimindi, about data migration project andencouraged to make suggestions to improve the data migration process. At that time Vurimindipresented two possible alternatives to the existing data migration process. Immediately,Vurimindi desk was moved right opposite from Hoseyni’ office to a location where there is notenough natural light; and Wyeth Managers along with Accenture employees continue to relayas to how Vurimindi was shut-out at Wyeth in his day to day activity to Vurimindi’ classmatesWharton. Vurimindi hoped that Wyeth Managers and Accenture employees stop harassingVurimindi, because Vurimindi isn’t making any suggestions except do his work as told by WyethManagers and Accenture employees.
Page 8 of 85In March 2008, Vurimindi begin his MBA classes at Duke and along with Vurimindi thereare three other students Jason Sundberg (“Sundberg”), Wilker Ambooken (“Ambooken”) andJason Link (“Link”) also get admitted into Duke MBA program who also travel from Philadelphia,PA to Raleigh, NC. Kopko and Moyer along with Accenture employees established contact withVurimindi’ classmates and told them that “Vamsi is not capable to handle managerialresponsibilities”; “Wyeth couldn’t able to verify Vamsi’ credentials”, “Vamsi didn’t pass highschool” and “Vamsi was a Juvenile delinquent”. Simultaneously, Wyeth Managers (Hoseyni,Spector, Zhou, Kopko, Moyer, and Williams) through the third party vendors of Wyeth (similarto Accenture and Inventive) established contacts with Vurimindi’ professors and classmates atDuke and Duke Administration. Octagon Research is one of the third party vendors for Wyeth,and on behalf of Wyeth Managers, James Walker, CEO of Octagon Research, an Alumni of DukeMBA program, contacted Duke and told that “Wyeth couldn’t able to verify Vamsi’ credentials”and he shouldn’t be admitted into MBA program.Soon after that, Vurimindi’ classmates at Duke quickly turned Duke Campus into ahostile environment to Vurimindi by organizing a smear campaign by projecting Vurimindi as aJuvenile delinquent, having previous criminal record by being implicated in murder case(s) andengaged in money laundering business and not as a person was properly grounded with adecent set of values and permanently and irrevocably damage Vurimindi’ image and reputationamong his classmates.Between March and July 2008, simultaneously Vurimindi was harassed at three distinctenvironments Wyeth, Wharton and Duke based on the same rumors and private life facts andas result, Vurimindi dropped from Wharton. Hence, in July 2008, Vurimindi made a formalcomplaint to Moyer about harassment within Wyeth and urged him to cease and desist Wyethand Accenture employees from harassing Vurimindi, because ongoing harassment severelyaffected Vurimindi’ mental health. Instead cease and desist ongoing harassment, WyethManagers systematically demoted Vurimindi’ position and ultimately eliminated Vurimindi’position and terminated Vurimindi’ contract in March 2009, one year after Vurimindi begin hisMBA program, but 8 months before the program is completed, in direct contradiction to Kopkoand Moyer’ promise to retain Vurimindi until he completes his MBA program. After,
Page 9 of 85terminating Vurimindi’ contract, Wyeth hired a person belongs to outside of protected class asdefined by the Civil Rights Act of 1964 to perform Vurimindi’ job function.Despite, Vurimindi no longer work at Wyeth, Hoseyni, Spector, Zhou, Kopko, Moyer, andWilliams continued to maintain their contacts with Vurimindi’ classmates at Duke and establishnew contacts with Vurimindi’ neighbors through their third party vendors such as OctagonResearch ( Dr. Neal Walker co-founder of Octagon Research) and begin undermine Vurimindi’credibility in and around his residence. Kopko, Moyer and other Wyeth employees contactedmore than sixty (60) recruiting companies who specialize in SAS programming and told themnot to represent Vurimindi’ resume.After an unemployment gap of 18 months, in October 2010 Vurimindi secured softwareprogramming job at a much lower bill rate than that ordinarily paid to programmers withsimilar experience than that of Vurimindi and begin his work at HealthCore, Wilmington, DE. Assoon Vurimindi began his work, Kopko, Moyer, Zhou and Hoseyni and other Wyeth employeescontacted HealthCore employees Tracey Quimbo (“Quimbo”), Rebecca Cobb (“Cobb”), FangLiang (“Liang”) and other HealthCore staff and disseminated negative employment referenceand told them as to how Vurimindi was treated at Wyeth, Duke and by his neighbors.Immediately, Vurimindi’ colleagues showing sly, reminded about Vurimindi’ tumultuousexperience at Duke and showing sly in a mocking fashion talked about private criminalcomplaint that was filed by his neighbor, Allison Borowski (“Borowski”) and his ongoing privatelife facts. After four (4) weeks, Vurimindi was frustrated and demanded his manager Quimbo asto how she and other colleagues know about Vurimindi’ private life facts and why they talkabout them in work environment; and two (2) days later, HealthCore terminated Vurimindi’employment and a day before, HealthCore terminates Vurimindi’ contract, Lauren WestfieldNayerahmadi (“Nayerahmadi”) another Vurimindi’ neighbor who live underneath Vurimindi’unit, shouted across the floor “hey crazy, they are going to fire you”.In December 2010, Vurimindi secured another job as statistical consultant atHemispherex in Philadelphia, PA at a much lower bill rate than that ordinarily paid to someonewith similar experience than that of Vurimindi. As soon Vurimindi began his work atHemispherex, Kopko, Moyer, Zhou and Hoseyni along with other Wyeth employees contacted
Page 10 of 85Vurimindi’ colleagues and disseminated negative employment reference. Immediately,Vurimindi’ colleagues showing sly, reminded about Vurimindi’ tumultuous experience at Dukeand showing sly in a mocking fashion talked about private criminal complaint that was filed byhis neighbor, Borowski and his ongoing private life facts. After six months, Vurimindi wasfrustrated and contacted Hemispherex human resources department and asked to askVurimindi’ colleagues to cease and desist from contacting Vurimindi’ neighbors. Immediately,without notice in September 2011, Hemispherex terminated Vurimindi’ contract. After that, inOctober 2011, when Vurimindi begin his employment search, and applied for a position atTheorem, a local CRO, Wyeth Managers disseminated negative employment reference to hiringmanager, Karen Curran at Theorem and told not to hire Vurimindi.(III)THE PARTIES:01. Plaintiff Vamsidhar Vurimindi is a resident of 313 Arch Street, Unit # 607, and Philadelphia,PA 19106. Vamsidhar Vurimindi belongs to protected class, defined Civil Rights Act of 1964,because Vamsidhar Vurimindi born and brought up in India and belongs to Hindu religion.Hereafter referred as Vurimindi02. Defendant Wyeth Pharmaceuticals, C/o. Pfizer, Inc, 235 East 42nd Street, New York, NY10017, formerly known as Wyeth Pharmaceuticals located at 500 Arcola Road, Collegeville,PA 19426. Hereinafter referred as Wyeth.03. Defendant Accenture is a third party Clinical Data Management (“CDM”) services provider toWyeth. In Year 2000, over 150 Wyeth employees transferred to Accenture and continue toprovide CDM services in the name and fashion as Alliance for Clinical data Excellence(“ACE”), from their usual Wyeth’ Collegeville, PA facility. Accenture corporate office islocated at 1345 Avenue of the Americas, New York, NY 10105. Hereinafter referred asAccenture.04. Defendant Inventive Clinical Solutions is a third party human resources provider to Wyeth. In2006, Wyeth selected Inventive Clinical Solutions as a sole human resources provider forWyeth’ onsite staff augmentation needs in Clinical Trial execution, management and dataanalysis areas. Inventive Clinical Solutions corporate office located at 16225 Park Ten Place,Suite 200, Houston, TX 77084. Hereinafter Inventive Clinical Solutions referred as Inventive.
Page 11 of 8505. Defendant Cyrus Hoseyni, Chief Statistician, Wyeth Pharmaceuticals at 500 Arcola Road,Collegeville, PA 19426. Hereinafter Cyrus Hoseyni referred as Hoseyni. Hoseyni reported toRobert McGuire, COO, Wyeth clinical trial operations and Bruce Schneider, EVP, WyethResearch.06. Defendant Ira Spector, Vice President, Wyeth Pharmaceuticals at 500 Arcola Road,Collegeville, PA 19426. Hereinafter Ira Spector referred as Spector. Spector reported toRobert McGuire, COO, Wyeth clinical trial operations and Bruce Schneider, EVP, WyethResearch.07. Defendant Greg Zhou, Global Head, Clinical Data Reporting, Wyeth Pharmaceuticals at 500Arcola Road, Collegeville, PA 19426. Greg Zhou reported to Hoseyni. Hereinafter Greg Zhoureferred as Zhou.08. Defendant Stephen Kopko, Sr. Director, Biostatistics Department, Wyeth Pharmaceuticals.Stephen Kopko work at 500 Arcola Road, Collegeville, PA 19426. Vurimindi reported toStephen Kopko. Hereinafter Stephen Kopko referred as Kopko.09. Defendant Robert Moyer, Director, Biostatistics Department, Wyeth Pharmaceuticals.Robert Moyer work at 500 Arcola Road, Collegeville, PA 19426. Robert Moyer reported toKopko. Vurimindi’ day to day tasks are supervised by Robert Moyer. Hereinafter RobertMoyer referred as Moyer.10. Defendant Valerie Williams, Asst. Director, Biostatistics Department, WyethPharmaceuticals. Valerie Williams work at 500 Arcola Road, Collegeville, PA 19426. ValerieWilliams reported to Moyer. Valerie Williams’ father was a retired employee of City ofPhiladelphia. Hereinafter Valerie Williams referred as Williams.11. Defendant HealthCore, Inc is a 100% subsidiary of Well Point, Inc and having its registeredoffice at 800 Delaware Avenue, 5th Flr, Wilmington, DE 19801. Hereinafter HealthCore, Increferred as HealthCore.12. Defendant Hemispherex BioPharma, Inc having its registered office at 1617 JFK Blvd., 6th Flr,Philadelphia, PA 19103. Hereinafter Hemispherex BioPharma, Inc referred as Hemispherex.
Page 12 of 85(IV)FACTUAL ALLEGATIONS:13. In October 2004, Wyeth assigned a contract to Cytel to perform statistical analysis on Wyethclinical trial data from Cytel’ Pune, India location on a pilot basis for three (3) months, afterassessing Cytel’ work product during pilot period, Wyeth would extend the duration of theproject and number resources utilized in the project.14. According to contract, scope of the project is to perform all necessary tasks to conductstatistical analysis work, including developing Statistical Analysis Protocol (SAP), developingand validating SAS programs to conduct statistical analysis, produce data summary tables,listings and graphs and QC the results and finally prepare a statistical report for eachprotocol.15. In order to perform all necessary tasks to conduct statistical analysis work from Cytel’ Pune,India location, Wyeth agreed to provide VPN connectivity to Cytel employees at Pune, Indialocation to remotely log-on into Wyeth data servers.16. In order to manage proper information flow between Cytel and Wyeth employees, Cytelproposed to hire a project manager to manage the workflow; and also proposed projectmanager conduct quality check on Cytel’ work product before delivery to Wyeth.17. Cytel and Wyeth both proposed that, Cytel’ project manager will work two (2) days in a weekout of Wyeth’ Collegeville, PA location and remaining three (3) days work out of Cytel’Philadelphia, PA location.18. In October 2004, as per the scope of the project, Cytel formed a team in India by hiring three(3) statisticians, who had their masters’ degree in statistics and prior working experience asstatisticians in pharmaceutical environment along with hands-on experience with SASprogramming language.19. In October 2004, according to Wyeth requirements Cytel hired a third party to conduct 10years background search and compiled a report for Wyeth and send to Wyeth along withVurimindi’ resume.20. In October 2004, after Wyeth reviewing background search report and Vurimindi’ resume,along with Cytel, India team members’ resumes, Wyeth signed a contract to performstatistical analysis on Wyeth clinical trial data from Cytel’ Pune, India location.
Page 13 of 8521. In November 2004, Cytel hired Vurimindi on a three (3) months contractual employmentbasis for the duration of the pilot period and if Wyeth extend the duration of the project,Cytel, promised to sponsor H1B visa and Green Card.22. In November 2004, Vurimindi begin his work as Project Manager and on the first day ofstarting work at Wyeth, Kopko introduced Vurimindi to Moyer, Riess, Williams, Shaw, Test,Li, Jessup and Forman.23. In first two weeks Moyer, Riess, Williams, Shaw, Test, Li, Jessup and Forman give orientationabout Wyeth computer systems to Vurimindi and two of his female team members fromPune, India, who travelled to US for orientation.24. In November 2004, Wyeth gave VPN connection to Vurimindi to its data servers but didn’tgive VPN connection to his team at Pune, India.25. In November 2004, Vurimindi told to Kopko and Moyer that the VPN connectivity is vital forsuccessful execution the project and without the required VPN connectivity to his team inIndia is detrimental to Cytel, and more specifically to Vurimindi.26. In response, Kopko and Moyer told to Vurimindi that by the end of three (3) monthsduration of the pilot program, Wyeth would provide required VPN connectivity to Vurimindi’team in Pune, India.27. In November 2004, soon after Vurimindi begin his work at Wyeth, prepared acommunication plan between Wyeth and Cytel and Kopko approved the communicationplan as follows: (i) All communications, including questions about validation tasks betweenWyeth employees and Cytel’ team at Pune, India office must be routed through Vurimindi.(ii) Each SAS® program validation assignment initiated only after Kopko sign work order,which contain details about the assignment (business requirements, technical design, userguides and associated change control documents), work to performed, time to complete theassignment, and hand-off procedure after Cytel complete the assignment.28. As soon as orientation is completed, in December 2004 Kopko and Moyer asked Vurimindiand his team to validate SAS® programs developed by Riess, Williams, Shaw and Li.
Page 14 of 8529. Because, Wyeth didn’t give required VPN connectivity to Vurimindi’ team in Pune, India, inorder to begin validation of Wyeth’ SAS® programs, Vurimindi as temporary arrangementreplicated Wyeth’ Unix® SAS environment on Cytel’ Windows® SAS environment.30. In December 2004, soon after orientation as per Kopko’ approved communication plan,Vurimindi started to gather business requirements such as technical design, user guides andassociated change control documents for Cytel’ first validation assignment.31. Riess, Williams, Shaw and Li didn’t able to provide the required details in a documentformat, because Kopko’ team didn’t prepare those documents.32. Vurimindi documented additional work that Vurimindi’ team required doing in the absenceof required documents and asked Kopko to sign the work order with additional time andKopko signed Work order.33. As soon, Vurimindi documented all missing documents in his draft work order for firstvalidation assignment and asked Kopko to sign the work order, in December 2004, Li andRiess in cantankerous voice told to Vurimindi that, “Vamsi, you are not a Project Managerand you should work as programmer”.34. Vurimindi believed that Li and Riess’ irascible response is two folded, first, they didn’t likeVurimindi, performing duties of a project manager, because Vurimindi’ didn’t fit the imagewhat Li and Riess’ think a project manager should be. Second, Li and Riess had perceptionthat Vurimindi was inferior to them in his ability of writing SAS® programs, because Wyethoutsourcing to reduce their operational cost and that cost reductions is a price signal thatVurimindi and his team weren’t of high-quality counterparts.35. In December 2004, when Kopko signing the first work order, Kopko and Moyer askedVurimindi, to re-execute the validation programs on Wyeth servers and archive Cytel’validation programs in Wyeth Electronic Data Management System (“EDMS”).36. In order to re-execute the validation programs on Wyeth’ UNIX® operating system, thevalidation programs developed on Cytel’ Windows® operating system must be changed.37. Despite, Kopko and Moyer’ request is tedious, labor intensive and additional work load onVurimindi, in anticipating that within three months this additional intermediary step, will be
Page 15 of 85eliminated once Wyeth provide required VPN connectivity to his team and agreed to re-execute the validation programs on Wyeth servers.38. Immediately, after Kopko signed first work order, in December 2004, Vurimindi called AmrithRaghavan (“Raghavan”), Cytel’ account manager for Wyeth, and told him and told him aboutLi and Riess’ instructions to Vurimindi.39. At that time, in December 2004, Vurimindi briefed about Li and Riess perception about Cytelto Raghavan as follows: Li work as an independent consultant at Wyeth and as owner of RedOak Technologies had a special relationship with Wyeth by having a direct contract withoutany intermediaries; and told that Li was paid at an average hourly rate of $120 per hour onfull-time basis for over a decade; and Riess is a Sr. SAS Programmer at Wyeth for over adecade; because Wyeth outsourcing to reduce their operational cost that cost reductions is aprice signal that Vurimindi and his team weren’t of high-quality counterparts.40. In response, Raghavan told to Vurimindi that, “not to worry about it and he will take care”.41. As per Kopko’ approved communication plan, Vurimindi continue to gather businessrequirements, technical design, user guides and associated change control documents forother SAS® programs to be validated by Vurimindi’ team.42. Li, Riess, Williams, Forman and Shah couldn’t able to provide all required information in adocument format. Vurimindi documented additional work that Vurimindi’ team required todo in the absence of required documents and told to Kopko and Moyer how much additionaltime is required by Vurimindi’ team to complete the task, without the required details.43. In 2ndweek of December 2004, immediately after Vurimindi notified Kopko about the detailsof additional time requirement, while Vurimindi passing Test’ cubicle, and while Williamsand Forman were standing near Test’ cubicle, Test told to Williams and Forman, that “GSKterminated his contract and revoked his visa last year, right around this time”. Because,Vurimindi was told by Raghavan, not to respond to any non work related comments,Vurimindi continued to walk towards the break room and didn’t say anything in reply to theTest.44. In January 2005, after Vurimindi notified Kopko about the details of additional timerequirement, Riess, Williams, Shaw, Li and Forman became aggressive towards Vurimindi
Page 16 of 85and refused to answer any of Vurimindi’ questions concerning work, which Vurimindi wasbrought to Wyeth to accomplish. This made all but impossible for Vurimindi to accomplishhis work.45. At that time, Vurimindi reported the sudden change in the Kopko’ team members toRaghavan and in turn, Raghavan told to Vurimindi that he will sort out the issue with Kopkoand asked Vurimindi to continue to remain calm and do the work as told by the Kopko’ team.46. In March 2005, at the expiration of the pilot program, Vurimindi’ able to complete the firstthree validation tasks and because of that, Wyeth decided to permanently contract withCytel to complete validation of all Wyeth’ SAS® Clinical Data Analysis and Reportingcomputer programs.47. In March 2005, soon after Wyeth signed a permanent contract with Cytel, in response Cyteloffered a permanent employment and sponsored H1B visa and begin processing Green Cardto Vurimindi to continue to work as a project manager.48. In March 2005, according to Wyeth requirements Cytel hired a third party and conducted 10years background search and compiled a report for Wyeth and send to Wyeth and afterWyeth reviewing background search report Wyeth signed a permanent outsourcing contractwith Cytel and give access to Vurimindi to Wyeth’ enterprise wide software applications.49. In April 2005, Jerald Schindler (“Schindler”), Vice President, Global Biostatistics &Programming Department, Wyeth Pharmaceuticals resigned from Wyeth and join the Cytel.50. At that time, there was a wide spread rumor among the Kopko’ team members that Kopkowill be the Vice President of Global Biostatistics & Programming. But, Wyeth didn’t fill thatposition.51. Between April and May 2005, Vurimindi follow through with Kopko for VPN connectivity toVurimindi’ team in India. But Wyeth expressed series of concerns for providing VPNconnectivity and declined to provide VPN connectivity to Vurimindi’ team in India.52. Between April and May 2005, in response to Wyeth’ failure to provide VPN connectivity toVurimindi’ team in India, Vurimindi enquired Kopko. Initially, Kopko told to Vurimindi that allCytel employees working on the project to sign Wyeth approved confidentiality agreement.
Page 17 of 85Then, Cytel employees working on Wyeth project signed Wyeth’ confidentiality agreementsand submitted the confidentiality agreements.53. After submitting the confidentiality agreements, Kopko came up with a new issue that Cytel’India site is not protected against unauthorized access and physical access control throughseparate enclosed area. Then, Cytel shifted its India to a new location where physical accesscontrol through separate enclosed area.54. After, shifting to a new location, Kopko came with a new issue that, Wyeth must first installsystem logs for data access by Cytel employees. Despite numerous requests by Cytel andVurimindi, Wyeth didn’t install the required system logs for data access on the Wyethservers.55. Sometime after, Kopko came with a new issue that Cytel should submit a certificate from athird party about the Cytel’ India site readiness. Vurimindi got the certificate and that timeCytel and Vurimindi asked the Wyeth to system logs for data access. Despite another requestWyeth failed to install the system logs for data access and again Cytel was told that until thesystem logs for data access installed Cytel India site can’t access the Wyeth servers throughVPN connection.56. In June 2005, Kopko refused to sign the work orders prepared by Vurimindi and alteredcommunication plan by proposing a biweekly teleconference between Vurimindi’ team inIndia team and Kopko’ team members. Kopko also altered communication plan by asking histeam to directly communicate with Vurimindi’ team and bypass Vurimindi.57. In June 2005, Williams, Shaw, Li and Forman started communicate with Vurimindi’ teamdirectly and told them, “Vamsi is not a capable Project Manager”, “Don’t follow hisinstructions”, and told to his team members about GSK terminating Vurimindi’ employmentand subsequent revocation of his H1B visa and Vurimindi’ sexual harassment complaint withEEOC to Vurimindi’ female team members.58. In June 2005, after Williams, Shaw, Li and Forman disseminated negative information aboutVurimindi to Vurimindi’ team, Raghavan had an in person meeting with Kopko, Moyer, Riess,Williams, Shaw, Li and Forman. At that time Kopko, Moyer and Williams told to Raghavanthat “Vamsi is not a capable project manager”. Immediately, Raghavan told to Vurimindi
Page 18 of 85about Kopko’ team members comments about Vurimindi’ capabilities. Vurimindi wasterrified, with Kopko’ team members comments, because if Cytel decides to replaceVurimindi then Vurimindi has to find an employer who can sponsor an H1B visa.59. In June 2005, after Raghavan had meeting with Wyeth, Vurimindi assured to Raghavan thathe will do everything that is necessary to keep Wyeth remain satisfied with Vurimindi’ work.60. In July 2005, after Vurimindi had a conversation with Raghavan, Kopko and Moyer askedVurimindi to work as validation programmer in addition to his existing responsibilities ofproviding technical support, review, suggest and modify his team’ work product, modify andre-execute his team’ validation programs and store his teams’ original validation programs inWyeth’ EDMS. Because, Kopko and Moyer added additional work by altering Vurimindi’ workas a programmer and total work to Vurimindi increased by three folds.61. July through December 2005, several times Vurimindi told to Kopko, and Moyer denying VPNconnectivity to his team in India, increased work load three times upon Vurimindi, so eitherprovide VPN connectivity to his team or add one more person onsite to modify his teams’validation programs, re-execute and store on Wyeth EDMS. But Kopko and Moyer neitherincreases the number of onsite resources nor give VPN connectivity to Vurimindi’ team.62. July through December 2005, as Vurimindi’ team validating and find discrepancies in Riess,Williams, Shaw, Li and Forman SAS® Programs functionality between intended vs. actualfunctionality of program, and told them that they are releasing SAS® Programs withoutperforming adequate developer tests, Riess, Williams, Shaw, Li and Forman, insteadcorrecting the functionality of their SAS® Programs and perform adequate developer tests,begin act like a gang, and in an abusive tone find fault with as to how Vurimindi worded thediscrepancy and in a mocking fashion ridicule Vurimindi’ English pronunciation and writingstyle.63. July through December 2005, when Vurimindi as part of his job responsibility, clearlydocumented each discrepancy and how much time it take to re-validate after programmersfixing each discrepancy, Riess, Williams, Shaw, Li and Forman habitually told to Vuriminditeam members not to follow Vurimindi’ instructions and told to Vurimindi’ team members
Page 19 of 85and other Wyeth employees that “Vamsi is not a capable Project Manager “and GSKterminated Vurimindi’ contract and revoked his H1B visa.64. Vurimindi told to Kopko and Moyer about Riess, Williams, Shaw, Li and Forman’ verbal abuseand their accusatory comments about Vurimindi to his teammates in India and other Wyethemployees and asked to resist their team members from engaging in abusive behavior andconduct towards Vurimindi. Kopko and Moyer didn’t ask their team members from engagingin alleged abusive behavior and conduct towards Vurimindi.65. By the end of December 2005, despite, Kopko and Moyer maintained a hostile environment,refuse VPN connectivity to Vurimindi’ team, and didn’t increase number of onsite resources,Vurimindi’ team validated core SAS® programs developed by Kopko’ team.66. In December 20053, Bruce Schneider4, and Spector met someone representing Numoda5in abusiness gathering organized by a law firm Akin Gump and came to know that Vurimindi wasrelated to Ann Boris.67. Bruce Schneider and Spector had long drawn rivalry with Vurimindi’ relatives, and as soonthey knew that Vurimindi work at Wyeth under their supervision begins to undermineVurimindi’ professional status and personal standing by way of isolation and destabilization.68. Because, Kopko’ team become hostile towards Vurimindi and his team, in January 2006,Cytel asked Wyeth to assign clinical data analysis work to Vurimindi’ team.69. In January 2006, Wyeth asked Vurimindi’ team to begin clinical data analysis work andVurimindi’ team was quick to complete the clinical data analysis and reporting for first study,because, Vurimindi’ team gained thorough understanding of the functionality of the SAS®programs developed by Kopko’ team.70. In January 2006, Vurimindi begin to interact with onsite clinical data analysts who weremanaged by Zhou, because Zhou’ team QC’ ing the results of Vurimindi’ team work product.71. In January 2006, clinical data analysts in Zhou’ team raised many questions about Kopko’team SAS® programs and during that time Vurimindi become aware that Zhou’ team didn’tuse SAS® programs developed by Kopko’ team.3 After the fact and the circumstantial situations lead Vurimindi to believe that, in December 2004, Bruce Schneider andSpector knew that Vurimindi is related to Ann Boris.4EVP and Chief of Operations Wyeth Research5Vurimindi’ wife Ann Boris engaged in clinical development business in the name and fashion of Numoda Corporation
Page 20 of 8572. At that time, Vurimindi asked as to why Zhou’ team don’t use SAS® programs developed byKopko’ team and in response they told to Vurimindi, that Kopko’ team SAS® programs areconvoluted, complicated, and difficult to understand.73. In January 2006, Zhou’ team suggested to use the programs that they have been using,which was developed on ad-hoc basis. Vurimindi asked Zhou’ team, whether those ad-hocprograms were validated and in response, they told ad-hoc programs are not validated butthose programs produce desired results. Vurimindi’ team refused to use non-validatedprograms to conduct clinical data analysis work.74. In January 2006, Vurimindi told to Kopko, Moyer and Zhou about Zhou’ team concern forusing SAS® programs developed by Kopko’ team.75. Immediately, Zhou and his clinical data analysts, started to demoralize Vurimindi byundermining Vurimindi’ character in the minds of Wyeth therapeutic area managers and toldto Wyeth therapeutic area managers that “Vamsi is not a capable Project Manager” and GSKterminated Vamsi’ contract and revoked his H1B visa. Quickly thereafter Wyeth stoppedgiving clinical data analysis work to Vurimindi.76. In February 2006, Kopko and Moyer asked Vurimindi’ team to validate new changes made topreviously validate SAS® Programs.77. In February 2006, Vurimindi’ team begins validating the changes and found it difficult totrack new changes made by Riess, Williams, Shaw, Li and Forman. At that time, Vurimindirequested to implement Program Version Control System (“PVCS”) and based on his recentexperience with other onsite clinical data analysts, suggested to simplify the complicatedSAS programs into manageable size modules, so clinical data analysts will be able to useSAS® Programs developed by Kopko’ team. Kopko and Moyer were dismissive aboutVurimindi suggestions.78. Because, Kopko’ team didnt use PVCS, it become very difficult to Vurimindi to track down allthe changes made by these five different programmers Riess, Williams, Shaw, Li and Formanat different times and it become impossible to Vurimindi to reproduce the same results thathe produced earlier.
Page 21 of 8579. At that time, Vurimindi demonstrated the benefit of using PVCS with in Wyeth SASenvironment. Moyer didn’t agree to install PVCS system, and told to Kopko and othermanagers, without PVCS, Wyeth were able to maintain the system for many years and canstill be able to maintain the system without PVCS.80. In March 2006, Moyer begins to make comments about Vurimindi’ mental competence,Cognitive abilities in a mocking fashion along with Williams, Shaw, Li and Forman. Moyer,many times through hand gestures communicated with Williams, Shaw, Li and Forman toconvey “he can’t process two things at one time”.81. Between March 2006 and June 2007, during bi-weekly teleconferences, Moyer, Williams,Shaw, Li and Forman bombard Vurimindi with questions, even right before Vurimindifinishing answer to their earlier question to exploit Vurimindi’ personal trait of handling onequestion at a time.82. After observing Moyer, Williams, Shaw, Li and Forman’ pattern, Vurimindi repeatedlysuggested to Moyer, Williams, Shaw, Li and Forman to send their questions one day prior tobi-weekly meeting, such that it would allow Vurimindi to better prepare a through answer.83. Despite, Vurimindi repeatedly suggested Moyer and others to send their questions inadvance, Moyer, Williams and Forman continue to ask complex questions without priornotice and insist an answer from Vurimindi in that meeting. When, Vurimindi attempted toprovide an answer under the assumption of a most likely real-life scenario, then Williamsand Forman ask questions about scenarios that only possible in theory and not in practice,when Vurimindi explain practicality, Williams and Forman start a debate, which at all costs,Cytel asked Vurimindi to avoid, so Vurimindi back out from defending his position.84. As soon, Vurimindi back out, Moyer, Williams and Forman in a mocking fashion, ridiculeVurimindi’ explanation. Very few occasions, that too when Moyer, Williams and Formanblatantly argue an impossible scenario, and Vurimindi contradict with their opinion, at thattime, Moyer, Williams and Forman told to other Wyeth employees, that Vurimindi is not ateam player.
Page 22 of 8585. In June 2006, Kopko asked Vurimindi to re-write all validation documents written byVurimindi as per Forman’ advice and dictation, while Forman who just completed her tenureas an intern and just been hired by Wyeth as programmer/analyst.86. At that Vurimindi asked Kopko, “you just approved these documents and why do you thinkthat these documents must be changed” and in response Moyer, Williams, Li, and Formanridicule Vurimindi’ English writing style in a mocking fashion.87. In June 2006, Vurimindi told to Cytel, about the way Moyer, Williams, Li, and Forman istreating Vurimindi and immediately, in a bi-weekly meeting, Kopko made remarks againstVurimindi and told to Moyer, Williams, Li, and Forman that Vurimindi is a “Hot Potato” and“Tattle teller”. When Kopko make a remark at Vurimindi is a “Hot Potato”, he is implyingthat Vurimindi is an unpleasant and risky to deal as a person. When Kopko make a remark atVurimindi is a “Tattle teller”, he is implying that Vurimindi is snitching and informing toKopko’ higher-ups on Kopko, Moyer, Williams, Li, and Forman. However, Vurimindi alwayshumble with Kopko and his team and didn’t snitch on them. Kopko made a deliberateattempt to mischaracterize Vurimindi among his team members.88. In July 2006, once again Vurimindi begin his efforts to get clinical data analysis work fromWyeth. At that time, Spector, Kopko, Moyer and Williams made depreciatory remarks aboutVurimindi to Wyeth therapeutic area managers, and other Wyeth employees as Vurimindi isslow and don’t have interest in the work and that is why there is no progress in Vurimindi’work.89. In July 2006, upon enquiry Vurimindi found that Spector, Kopko, Moyer and Williams aresaying that Vurimindi didn’t complete the validation documents since two (2) years, whenKopko and Moyer asked Vurimindi to rewrite all signed off validation documents as perForman instructions just recently.90. In November 2006, Wyeth hired Cyrus Hoseyni (“Hoseyni”) as the Vice President of GlobalBiostatistics & Programming and Chief Statistician. By that time, Vurimindi and his team re-write all validation documents and validated all new changes made to SAS ® Programs andlook forward to begin work on Clinical Data Analysis.
Page 23 of 8591. As soon, Hoseyni assumed his position at Wyeth, begin to reorganize Wyeth’ GlobalBiostatistics and Programming division and made Zhou as head of clinical programming areaand Hoseyni begin to direct his comments at Vurimindi as “we will box him”. At that time,Vurimindi was under the impression that, Hoseyni means that he is referring to Hoseyni’effort of re-organizing the organizational chart and place Vurimindi in one of the boxed in hisorganization chart. However, after that fact, Hoseyni meant to send Vurimindi out of Wyeth.92. In December 2006, Kopko and Moyer assign validation of Wyeth’ Application Frameworkenvironment (“CIDER2B”, “CIDER3”) SAS® programs and PL/SQL programs work to Vurimindi’team.93. At that time, Vurimindi told to Kopko and Moyer that Cytel crafted Vurimindi’ team to workas Clinical Data Analysts, and not work on 100% validation assignments. In response, Moyertold to Vurimindi that validating SAS® and PL/SQL programs for CIDER2B and CIDER3 is theirpriority and as soon Vurimindi’ team complete the validation, they can start work on clinicaldata analysis.94. In December 2006, Vurimindi begin to interact with William Bond (“Bond”) Director, ITSystems, who manage Wyeth Application Framework environment and commencedvalidation of SAS® and PL/SQL programs. Vurimindi found that there are severalprogrammatic issues within CIDER2B and CIDER3 and those issues must be fixed first, inorder to develop, test and validate the SAS® and PL/SQL Programs.95. Kopko and Moyer had prior knowledge, because few months earlier, when Williams startedto develop SAS Programs she found the same problem that Vurimindi found. However,Kopko and Moyer didn’t inform the known issues to Vurimindi, prior to his team startworking on this assignment.96. In December 2006, Vurimindi contacted Bond and told him about the issues and in responsehe told to Vurimindi that a new patch has to be released to fix those issues, nonethelessBond’ team failed to release a new patch to fix the issue.97. In December 2006, Vurimindi told to Kopko and Moyer to pursue with Bond to release therequired patch sooner than later, but, Kopko and Moyer failed to pursue Bond’ team to fixthe issue.
Page 24 of 8598. In January 2007, Kopko and Moyer told to Hoseyni that Vurimindi didn’t work hard to findways to develop the SAS® and PL/SQL Programs instead, simply escalating the issue.99. In January 2007, Hoseyni enquired Vurimindi, and suggested to work hard to find ways todevelop the SAS® and PL/SQL Programs. In response, Vurimindi told to Hoseyni that, in fact,few days before he demonstrated the issue with the CIDER2B and CIDER3 Application byshowing the different versions of the code that Vurimindi developed to find a work aroundsolution and to that effect Kopko and Moyer agreed with Vurimindi that the CIDER2B andCIDER3 application must be fixed, in order to successfully develop the SAS® and PL/SQLPrograms.100. In February 2007, Moyer, Williams and Forman asked Cytel to replace Vurimindi andimmediately, Cytel enquired Vurimindi about his work situation at Wyeth.101. In March 2007, Hoseyni, Zhou, Kopko, Moyer, and Williams told to Wyeth therapeutic areamanagers that, Vurimindi is not capable to handle clinical data analysis work and asked Cytelto replace Vurimindi.102. In March 2007, Vurimindi heard from other Wyeth employees that Cytel is replacingVurimindi. At that time Vurimindi’ application for permanent residency is pending and muststay with Cytel to get his permanent residency, so Vurimindi became anxious and nervousand asked Kopko, Moyer, and Williams why they ask Cytel to replace Vurimindi, but theirresponse was vague and abrupt.103. In March 2007, Hoseyni proposed to outsource clinical data analysis work to Accenture.104. In March 2007, Kopko and Moyer assigned a task of annotate Case Report Forms (CRFs) toVurimindi’ team, which Wyeth SAS programmers consider as menial task.105. In April 2007, Zhou begins to make depreciatory statements about Vurimindi’ team workproduct of annotate Case Report Forms to many Wyeth therapeutic area managers thatVurimindi and his team isn’t capable to annotate Case Report Forms, despite Vurimindi’team correctly annotated and the same annotated Case Report Forms submitted to FDAwithout doing re-work.106. In April 2007, Kopko and Moyer told to Vurimindi that Wyeth don’t extend its contract withCytel.
Page 25 of 85107. In April 2007, Vurimindi suggested to Cytel to pursue Hoseyni to get the contract to migratethe 900 clinical studies data from Wyeth data standards to the CDISC® data standards,because it is paramount to Vurimindi to continue to work with Cytel, because, Vurimindi’application for his permanent residency in USA was pending and Cytel was his sponsor.108. In May 2007, Hoseyni signed a contract with Accenture to migrate clinical studies data.109. In May through June 2007, Vurimindi took a course on CDISC® data standards, becauseWyeth need a person who is through in Wyeth data standards and as well as CDISC® datastandards.110. In May 2007, Vurimindi begins explore alternative arrangement for his H1B Visa and GreenCard sponsorship and opportunities to get admitted into an MBA program, and applied foran admission into a Pre-MBA course at Wharton.111. In June 2007, Wyeth terminated the contract with Cytel.112. In June 2007, prior to end of the contract between Wyeth and Cytel, Vurimindi contactedKopko and Moyer and asked whether they can hire Vurimindi as an independent consultantfor the duration of his MBA program with direct contract with Wyeth, similar to thearrangement that they made with Li and Lijun Tian6(“Tian”).113. In response, Kopko and Moyer told to Vurimindi that Hoseyni proposed to canalize allexisting contract staff through Inventive and revising hourly bill rates. If Vurimindi wants ajob, they can hire Vurimindi through Inventive at an annual pay rate of $120,000, whichKopko and Moyer believe is less than Vurimindi is being paid by Cytel.114. In June 2007, in response, Vurimindi asked Kopko and Moyer to provide flexible work hoursthrough the duration of his MBA program and agreed to work at Wyeth through Inventive.115. In June 2007, Kopko and Moyer told to Vurimindi that they can hire Vurimindi as CDISC®Subject Matter Expert for the duration of MBA program at an annual pay rate of $120,000.116. In June 2007, in response, Vurimindi agreed to take less money, if Wyeth can promise tokeep Vurimindi for the duration of his MBA program.6Tian joined Wyeth in 2004 and prior to that worked for Cephalon; between years 1992 and 1996 worked in PsychologyDepartment at UPenn and studied Actuary Science at Wharton; and was acting chair for Peking University PhiladelphiaAlumni (PUPA) for many years.
Page 26 of 85117. Kopko and Moyer agreed to keep Vurimindi through the duration of his MBA program andasked Vurimindi to submit his employment application with Inventive.118. In June 2007, immediately after the meeting, Vurimindi submitted application with Inventiveand Inventive hired Vurimindi, at the salary agreed upon with Kopko and Moyer.119. Based on Kopko and Moyer’ assurance and quick hiring Vurimindi at agreed upon salary,Vurimindi believed the promises made to him by Kopko and Moyer and relying on the theirpromises, Vurimindi then get admitted in his Pre-MBA course at Wharton7and begin theprocess of admittance into an MBA program.120. In July 2007, Vurimindi started his work as for the CDISC® Subject Matter Expert at Wyeth.Vurimindi reported to Kopko and his day to day tasks are managed by Moyer.121. In July 2007, Vurimindi came to know that, Tian continue to work as an independentconsultant at Wyeth and had direct contract with Wyeth at an hourly bill rate of $100, whichequates to over $200,000 per year, which is approximately $80,000 higher than that Wyethpaid to Vurimindi.122. In July 2007, Accenture deployed two management consultants Daniel Farina (“Farina”) andJeff Neal (“Neal”) to scope data migration project that Hoseyni recently awarded toAccenture.123. Vurimindi was responsible to prepare standard data migration technical and functionalrequirements based on CDISC® standards, Peter Cheng (“Cheng”), an Accenture’ employeewas responsible to implement technical and functional requirements and Tian wasresponsible to validate data results after data migration technical and functionalrequirements are implemented.124. Between July and September 2007, Vurimindi worked closely Kopko, Moyer, Tian and Chengto finalize standard data migration technical and functional requirements based on CDISC®standards.7In July 2007, when Vurimindi attending classes at Wharton through self finance, Vurimindi found that Wyeth sponsoredits employee, Neeraj Bagga (“Bagga”) into the same class of Vurimindi and Bagga work with Bond, Cheng, Farina and Neal.At the same time Encorium, a CRO who had satellite office in King of Prussia, sponsored Hank Davis (“Davis”) into the sameclass of Vurimindi. Davis worked in the past at Wyeth as Clinical Scientist.
Page 27 of 85125. In September 2007, Vurimindi produced standard data migration technical and functionalrequirements based on CDISC® standards; Cheng wrote PL/SQL code to implement datamigration technical and functional requirements; Tian wrote SAS® code to validate theresults after implementing technical and functional requirements.126. Until 3rdweek of October 2007, Vurimindi, Kopko, Moyer, Cheng and Tian worked togetheras a team and work is completed in a timely fashion.127. In October 2007, Wyeth was very quick to give VPN connectivity to Accenture team inBangalore, India to Wyeth secure data servers and after 3rdweek of October 2007, datamigration and validation work has been transferred to Accenture’ team in Bangalore, India.128. In October 2007, Kopko and Moyer asked Cheng and Tian begin to supervise Accenture’team in Bangalore, India.129. In November 2007, data migration progressed from legacy to the ongoing clinical studies,Accenture team at Bangalore, India asked Vurimindi to prepare customized technical andfunctional requirements separately for each clinical study.130. At that time, Vurimindi asked more information from Accenture team as to why customizedtechnical and functional requirements are required for standard data tables. In response,Accenture team told to Vurimindi that PL/SQL code developed by Cheng wasn’t designed tohandle simple differences between the studies, arise due to changes overtime in the wayclinical studies were setup.131. In November 2007, in response, Vurimindi suggested Kopko, Moyer, Cheng and Tian tomodify PL/SQL code to automatically recognize the data pattern and transform data into predetermined data format at least for standard data tables. If any other consultant withsoftware programming experience were in Vurimindi’ position would also, suggest improvingPL/SQL code to automatically detect the data pattern.132. Nonetheless, for reasons not known to Vurimindi at that time, Kopko, Moyer, Cheng andTian dismissed Vurimindi’ suggestion and asked to prepare customized technical andfunctional requirements for each study separately. Vurimindi begins preparing customizedtechnical and functional requirements for each study separately.
Page 28 of 85133. In November 2007, added additional task to verify the results of the migrated data with histechnical and functional requirements. During verification, Vurimindi found the data was notmigrated per standard technical and functional requirements.134. In November 2007, Vurimindi reported the discrepancy to Kopko and Moyer andimmediately, Cheng, Tian, Farina and Neal asked Vurimindi not to document discrepancies.Immediately, Vurimindi told to Kopko and Moyer about Cheng, Tian, Farina and Nealdemand. Kopko and Moyer asked Vurimindi not to document discrepancies.135. Right after that, in November 2007, Vurimindi prepared a prototype of PL/SQL code todemonstrate how easy to built–in minimum automation and showed to Kopko, Moyer,Cheng, Tian, Farina and Neal.136. Immediately, Farina and Neal was furious with Vurimindi and asked to stay away fromimplementation of technical and functional requirements and in retaliation, begins to pointpetty issues, such as color and formatting of the text in Vurimindi’ technical and functionalrequirements document and blown those issues out-of-proportion.137. Immediately right after that, in November 2007, Moyer proposed a daily working sessionbetween Vurimindi, Moyer, Farina, Neal, Tian and Cheng and Moyer, Farina and Neal setmajority opinion as decision criteria as to how to resolve a technical and functionalrequirements issue, when there is no consensus among the three Vurimindi, Tian and Cheng.138. In general most of data migration technical and functional requirement issues arise due tothe PL/SQL code can’t migrate data per technical and functional requirements. Generally,Vurimindi suggests to improve PL/SQL code, which was developed by Accenture, but Moyer,Tian and Cheng oppose Vurimindi’ suggestion. When, Vurimindi attempt to explainramifications for not following the CDISC® standards, Moyer use his authority overVurimindi, and ask Vurimindi to type technical and functional requirements, how Farina andNeal want;139. Since November 2007 onwards, everyday in the daily working session Moyer, Tian, Cheng,Farina, and Neal squash Vurimindi’ ability to be creativity, in preparing technical andfunctional requirements and validating migrated data in a way that is most productive forVurimindi and Wyeth. Verbally abused Vurimindi for frivolously reasons, such as letter font
Page 29 of 85size, color of the font in the technical and functional requirements document; Angrily, in anaccusatory style conversations are routine against Vurimindi, when Vurimindi suggest toimprove PL/SQL code and others Accenture process to eliminate irregularities in Accenturework product;140. Since November 2007 onwards, everyday in the daily working session Moyer, Tian, Cheng,Farina, and Neal habitually had angry conversations with Vurimindi and said “Hoseyni andhis next three levels of upper management is not happy with you, because you are notproducing technical and functional requirements as per our direction” and instruct Vurimindiwhat to type as technical and functional requirements and how to format the text in theexcel document.141. In an essence, Moyer, Tian, Cheng, Farina, and Neal together changed Vurimindi’ CDISC®Subject Mater Expert job description by making Vurimindi’ expert opinions insignificant andconstrained Vurimindi’ individuality and created role ambiguity by over controllingVurimindi’ work, which, caused Vurimindi to suffer from fatigue, inability to sleep,moodiness, and anxiety.142. Despite, data migration technical and functional requirements were prepared as told byMoyer, Farina, Neal Tian and Cheng, Accenture’ team at Bangalore, India couldn’t able toimplement data migration technical and functional requirements using PL/SQL code.143. In response, in November 2007, Vurimindi suggested to use SAS® software to implementdata migration technical and functional requirements. Immediately, Farina, Neal and otherAccenture’ employees publically, angrily, in an accusatory style accused Vurimindi, causingdelay.144. Immediately right after that, in November 2007 Vurimindi asked Kopko and Moyer tointervene and analyze the Accenture process to identify the real issues, despite that, Kopkoand Moyer didn’t intervene and analyze the Accenture process to identify the real issues.145. In November 2007, after Kopko and Moyer didn’t respond to Vurimindi’ request to identifyreal issues, Vurimindi wrote an email to Kopko and Moyer to explain the benefit to Wyethfrom improving the PL/SQL code to automatically detect data patterns and transform thevalues as per the standard data migration technical and functional requirements; and
Page 30 of 85alternatively if improving the PL/SQL code is cost prohibitive, suggested to use SAS®software to implement data migration technical and functional requirements. In response,Kopko and Moyer dismissed Vurimindi’ proposals and instructed to follow Accenture’ Farinaand Neal’ direction.146. Vurimindi’ first proposal, improving PL/SQL code would reduce the total number of peopleand time it takes to complete the implementation, which ultimately reduce the totalcontract price to Accenture. Vurimindi’ second proposal, using SAS to implement datamigration technical and functional requirements, would reduce the total number of peopleand time it take to complete the implementation and also Accenture must re-tool its teamwho has expertise in SAS® software. This second proposal possibly might have some limitingeffect on Chang, Clark and their Bangalore, India team’ role in the implementation of datamigration technical and functional requirements.147. In November 2007, there was a wide spread rumor among the Wyeth employees, that Pfizermight takeover Wyeth and while the rumor is widespread, Vurimindi believed that Kopkoand Moyer would have more reason to ask Accenture to adopt an efficient process. It wassurprising to Vurimindi, that Kopko and Moyer as senior employees at Wyeth, and Moyer isan adjunct professor for Computer Science at Montgomery Community College andspecifically teach object oriented programming languages, were actively supportingAccenture’ inefficient process, without insisting Accenture to improve efficiency either byenhancing the PL/SQL code or implementing the data migration technical and functionalrequirements with much easier SAS software.148. It appear to Vurimindi, that Kopko and Moyer are under some pressure for not to make anychanges to data migration project; or they might have been allowing the Accenture foradopting inefficient process, with a long-term view that if in case anything happen to theiremployment within Wyeth, they could leverage this “social currency” to get a job atAccenture.149. In November 2007, Kopko, Moyer, Farina and Neal met Hoseyni and told him that Vurimindi’suggestions are useless. Soon after that, Hoseyni called for an open forum meeting and twodays prior to the open forum meeting, Kopko, Moyer, Farina and Neal called for a rehearsal
Page 31 of 85meeting and at the end of the meeting Kopko and Moyer suggested to Vurimindi not tospeak in the open forum meeting. As per, Kopko and Moyer suggestions, Vurimindi didn’ttalk in the open forum meeting.150. In November 2007, in that open forum meeting Kopko, Moyer, Farina and Neal told toHoseyni that Vurimindi is a ‘maverick’ and bottleneck for data migration project andVurimindi making suggestions in bad faith. When Kopko make a remark at Vurimindi is a“maverick”, he is implying that Vurimindi is a disruptive element and no one else agrees withVurimindi’ point.151. In November 2007, after open forum meeting, Hoseyni asked Vurimindi as to why Vurimindididn’t speak in the open forum meeting, and in response Vurimindi send an email explainingthe technical issues that stifling the progress of the data migration work. After receivingVurimindi’ email, Hoseyni told to Vurimindi that he will talk to Kopko and Moyer, but didn’tseek any further information from Vurimindi.152. In November 2007, immediately after open forum meeting, Vurimindi begins hearing manydepreciatory rumors among student body at Wharton, such as “Vamsi is not capable tohandle managerial responsibilities”, “was a Juvenile delinquent”, and “didn’t pass highschool” which seriously undermine Vurimindi’ credibility as a student and as a professional.153. Vurimindi believe that Wyeth and Accenture employees reached Vurimindi’ classmatesthrough Tian, Hank, and Bagga.154. In November 2007, immediately after open forum meeting, Vurimindi observed that hiswork computer is closely monitored and Vurimindi became aware that his computer isclosely monitored only after, Kopko, Moyer, Farina, Neal, Tian and Cheng start whisperingabout Vurimindi’ computer activity. When, Vurimindi enquired Farina, Neal, Tian and Cheng,“how can you exactly talk what I am doing on my computer”, at that time they weredismissive.155. In November 2007, after Vurimindi hear rumors at Wharton and start believing that his workcomputer is closely monitored, Vurimindi contacted Kopko and Moyer and asked them toallow Vurimindi to complete his Pre-MBA program at Wharton and MBA program that he
Page 32 of 85planned to enroll. At that time, Kopko and Moyer re-assured Vurimindi that they will retainVurimindi through his MBA program.156. Right after that, in November 2007, Vurimindi made applications for his admission intoweekend MBA programs. Hoseyni, Kopko and Moyer write recommendation letters onbehalf of Vurimindi to the Duke, UPenn, Yale and University of Virginia.157. In November 2007, Hoseyni enquired Vurimindi, about data migration project andencouraged to make suggestions to improve the data migration process. At that timeVurimindi explained his earlier two proposals that he made with Kopko and Moyer whichwere dismissed.158. Right after Vurimindi had a conversation with Hoseyni, in November 2007, Vurimindi’ workdesk was moved to a location where there is not enough natural light from right oppositefrom Hoseyni’ office.159. Between December 2007 through February 2008, despite Vurimindi continued to followAccenture’ Farina and Neal’ suggestions, Wyeth Managers (Hoseyni, Spector, Zhou, Kopko,Moyer, and Williams) and Accenture employees continue to relay as to how Vurimindi wasshut-out at Wyeth and his day to day activity to Vurimindi’ classmates Wharton.160. In the middle of February 2008, Kopko and Williams together enquired the status ofVurimindi’ MBA admission and in response, Vurimindi told to Kopko and Williams thatVurimindi was accepted by the Fuqua School of Business, Duke University and classes willstart from 15thMarch 2008. In response, Kopko and Williams both whispered that “if it isDuke, then it is very easy for us”. At that time, Vurimindi asked Kopko and Williams, thatwhat are they talking about, but they didn’t responded to Vurimindi.161. In 4thweek of February 2008, Vurimindi approached Kopko and Moyer and requestedflexible work hours as promised and asked similar to the arrangement made by Kopko withBaldovin. But, Kopko and Moyer denied Vurimindi’ request and offered an alternative workschedule, that Vurimindi can complete is 40 hour week in four days and take Friday off toattend the his weekend classes.162. In 4thweek of February 2008, when Vurimindi asking for flexible work hours, during thatconversation, Moyer told to Vurimindi, by completing an MBA, you don’t get paid more than
Page 33 of 85what you have been getting paid, despite Kopko and Moyer continued to pay over $200,000per anum to Tian, despite Tian didn’t have an MBA.163. Sometime between 4thweek of February and 2ndweek of March 2008, Wyeth Managers(Hoseyni, Spector, Zhou, Kopko, Moyer, and Williams) purposefully contacted Vurimindi’classmates and Professors at Duke through Wyeth third party vendors such as (Accenture,Inventive, Octagon Research, ClinForce, etc). More specifically, Wyeth Managers (Hoseyni,Spector, Zhou, Kopko, Moyer, and Williams) contacted someone at Duke Administration andtold them that “Wyeth couldn’t able to verify Vamsi’ credentials” and he shouldn’t beadmitted into MBA program. James Walker, CEO of Octagon Research, and an Alumni ofFuqua School of Business contacted Duke Administration on behalf of Wyeth Managers andobtained list of Vurimindi’ classmates and give to Kopko and Moyer.164. After 4thweek of February and sometime before 2ndweek of March 2008, Kopko, Moyer,Zhou and Hoseyni contacted Vurimindi’ classmates and told them “Vamsi is not a good fitwithin Wyeth and not capable to handle managerial responsibilities”, “we couldn’t able toverify Vamsi’ credentials”, “Vamsi was a Juvenile delinquent” and “Vamsi didn’t pass highschool”.165. In March 2008, Vurimindi started attending his Weekend MBA(“WEMBA”) classes at DukeUniversity, Raleigh, NC, which Vurimindi self financed the course. Even before, Vurimindiintroduce himself to other students in his class, and on the first day of the WEMBA programVurimindi’ classmate Moira Ringo (“Ringo”) a GlaxoSmithKline employee, gathered otherstudents Jason Link (“Link”) and David Mitchell (“Mitchell”) near to Vurimindi and dubbedVurimindi is a ‘cheater’ and subsequently Mitchell suggested to Vurimindi to read a bookabout, “How to Lie Without Getting Caught” by the lie detector.166. In March 2008, immediately, thereafter, Vurimindi classmates at Duke told to otherclassmates that, “Vamsi is having rough time at Wyeth; Vamsi has been demoted, becausehe is messing with Accenture”. Since thereafter, Vurimindi’ classmates periodically told toVurimindi, “Vamsi, you are going to be fired from your job”. When Vurimindi asked, “How doyou know?” his classmates response was vague and abrupt.
Page 34 of 85167. In April 2008, during bi-weekly meeting, Clark and Bond told to Vurimindi, “Vamsi we don’twant to cause any more trouble to you, than that you already been exposed, so it is betterfor you not to point issues in our work”. At that time, Vurimindi asked Clark and Bond whatyou mean by that statement. In response, Clark and Bond told to Vurimindi that “you knowwhat you are up to at your school”. In response, Vurimindi told to Clark and Bond as, “I amonly raising genuine issues that are in violation to the CDISC® data standards and my jobresponsibility is to prepare the data migration rules as per CDISC® data standards and don’thave any other motives”. Right after that, Clark and Bond didn’t responded back toVurimindi. After this Bond turn towards Clark, and said in a very loud voice, while Vurimindiwas in the meeting room, “He is OK, here; why he is nervous there at the School?” In thesame meeting, Kopko and Moyer told to Vurimindi that “CDISC® data standards are onlyguidelines and we need not follow” and “we have more important work at hand and don’thave time to talk about philosophy”.168. At that time, it is clear to Vurimindi that, if Vurimindi raises any issue at work, Kopko, andMoyer along with Accenture employees create trouble to Vurimindi at Duke University. So,between April and June 2008, Vurimindi didn’t raise any issues, and requested Moyer tosetup a quick meeting between with Tian, Cheng, Farina and Neal to sort out personaldifferences, but Moyer didn’t setup a meeting. In spite, Vurimindi has been doing whateverKopko, Moyer, Tian, Cheng, Farina and Neal asked Vurimindi to do, but Vurimindi classmatescontinue ridicule Vurimindi in a mocking fashion how Moyer, Tian, Cheng, Farina and Nealcontrol Vurimindi’ work.169. In July 2008, Sarah Rosen Shah (“Rosen Shah”), admissions counselor for Vurimindi at Duke,purchased a condo in Hoopskirts Factory Lofts Building, and relocated from Raleigh, NC toPhiladelphia, PA. Immediately, thereafter Rosen Shah conferred Vurimindi’ private andconfidential information that she obtained as part of admission application, along with thefalse information, baseless allegations and stories branched out of Vurimindi’ situation atDuke University to several people in and around Vurimindi’ neighborhood. Thereafter,Vurimindi was simultaneously subjected to harassment at distinct environments (1) Wyeth(2) Wharton, (3) Duke University and (4) in and around Vurimindi’ residence, based on same
Page 35 of 85false information, baseless allegations and stories, branched out of situations duringVurimindi’ time at Wyeth, Wharton, and Duke.170. In July 2008, Vurimindi wrote an email to Moyer and told him that Accentures bullyingtactics, insults and harassment caused emotional pain and Vurimindi suffering from resultingeffects. Vurimindi asked Moyer to intervene and put a stop to Accentures unethical,unprofessional and unlawful behavior. Nevertheless, Moyer didn’t respond to Vurimindi’email. Cheng, Tian, Farina and Neal continued to instruct Vurimindi in an abused tone whatto type in the data migration technical and functional requirements document.171. By August 2008, Vurimindi prepared data migration rules documents for 45 clinical studies,whereas Accenture team migrate 15 clinical studies data and Accenture team continued tohave issues with PL/SQL code.172. In August 2008, Hoseyni enquired Vurimindi about data migration project and Vurimindi toldto Hoseyni that Accenture team was reluctant to improve PL/SQL code and distractingeveryone by escalating non-issues blow out of proportion.173. In August 2008, immediately next In August 2008, in continuation Vurimindi told to Hoseyni,that Vurimindi estimated the true cost of data migration based on the activity and resourceutilization, and told to Hoseyni that current Accenture process costing Wyeth an average$78,000 to migrate single clinical study, where as if SAS® software is used, the actual costcould be brought down to approximately $15,000.174. day after Vurimindi had conversation with Hoseyni, Vurimindi prepared SAS code for twotables that exactly have the functionality that Vurimindi is proposing to add to PL/SQL code,which was developed in four (4) hours of Vurimindi’ own time, and attached SAS code withhis email, and told to the Hoseyni that, in about 2 to 3 weeks, Vurimindi can develop the SAScode for all tables. At that time, Hoseyni told to Vurimindi that he will get back to Vurimindi,but didn’t ask any further questions.175. In August 2008, immediately after Vurimindi send prototype SAS® code to Hoseyni, Kopkoand Moyer changed Vurimindi’ cubicle, to a place where previously an administrativeassistant to Kopko use to sit and moved Krishna Padmanabhan (“Padmanabhan”), aBiostatistician, next to Vurimindi’ cubicle.
Page 36 of 85176. In August 2008, Vurimindi introduced himself to Padmanabhan, in turn Padmanabhan toldto Vurimindi that he hails a neighboring state Vurimindi’ in India. Then, Vurimindi assumedthat Padmanabhan don’t understand Vurimindi’ native language. But, Vurimindi becomeaware that Padmanabhan understand Vurimindi’ native language, only after Vurimindirealized that Padmanabhan eavesdropping into Vurimindi’ conversations.177. In October 2008, Vurimindi realized that, Padmanabhan listen to Vurimindi’ conversationswith his relative about his situation at Wyeth and Duke and relay that information to hissupervisor Vladimir Dragalin (“Dragalin”), Senior Director, Michael Krams (“Krams”), VPAdaptive Trials and Applied Program Strategies at Wyeth and other Wyeth employees. ThenVurimindi asked Padmanabhan to stop eavesdropping and relay such information to others.178. In October 2008, Padmanabhan and Dragalin together contacted Wyeth security and HRdepartment and told them that Vurimindi is threatening Padmanabhan. Few days later,Padmanabhan told to Vurimindi, “Do you think that we don’t know anyone within Wyeth?”Your contract will be terminated soon”. Immediately, Vurimindi contacted Kopko and Moyerand told them about Padmanabhan’ statements. At that time, Kopko and Moyer told toVurimindi, “Don’t not worry about your contract, just do your work”.179. In October 2008, next weekend, when Vurimindi go to Duke for his classes, Vurimindi’classmate Lei Zhu (“Zhu”) a statistician working for GlaxoSmithKline, told to Vurimindi that“you will be fired from your job.” Since then Zhu constantly ridicule Vurimindi’ worksituation in front of his classmates at Duke and Padmanabhan and Dragalin ridiculeVurimindi at Wyeth campus for Vurimindi’ situation at Duke. Upon, enquiry, Vurimindi cameto know that, Dragalin worked at GSK along with Zhu. At that time, it is evident to Vurimindithat Padmanabhan and Dragalin are in contact with Zhu.180. In November 2008, Hoseyni signed a contract with MediData to prepare customized datamigration technical and functional requirements document, and eliminated ONLY Vurimindi’position, but didn’t inform Vurimindi that they have eliminated Vurimindi’ position.181. In 1stweek of November 2008, Kopko and Moyer told to Vurimindi to annotate CRFs andthat too under the supervision of Tian, Cheng, and Farina.
Page 37 of 85182. Despite, Vurimindi diligently did his work and obtaining high value education from Whartonand Duke, Kopko and Moyer assign menial tasks to Vurimindi and make Vurimindi to followinstructions from consultants or Wyeth employees don’t have as much experience orknowledge that he brings to Wyeth and hoped that the situation would improve and thoughtthat Wyeth Managers (Hoseyni, Spector, Zhou, Kopko, Moyer, and Williams) start treatingVurimindi at least at par with other employees and consultants.183. In November 2008, soon after Kopko and Moyer asked Vurimindi to annotate CRFs, themonotony of annotating CRFs, role conflict and ambiguous demands by Kopko and Moyer, atone side they are asking Vurimindi to prepare the data migration technical and functionalrequirements per CDISC® standards, and simultaneously use their power over Vurimindi towrite the data migration technical and functional requirements in contradiction to CDISC®standards; and despite Vurimindi attending Wharton and Duke University to gain high valueeducation, Kopko and Moyer, demoting Vurimindi from CDISC® Subject Matter Expert to CRFAnnotator; and lack of opportunity for advancement; and repetitive low level tasks,unrealistic workloads and short timelines to annotate the CRFs, Vurimindi attempted toreach out Kopko.184. In December 2008, Vurimindi wrote an email to Kopko and requested a performanceevaluation, job & task analysis and told him that Vurimindi is about to complete his Whartoncourse and joined his MBA program at Duke and it is a perfect time to re-evaluate his careergrowth strategy. In order to finalize his strategy, asked Kopko’ opinion about hisperformance. But, Kopko didn’t respond to Vurimindi.185. In December 2008, after Kopko didn’t respond to Vurimindi, it become clear to Vurimindithat Wyeth is about to terminate his contract, because Kopko and Moyer’ actions such asover controlling, demotion, assign menial tasks, frequently changing Vurimindi’ work desk,lead Vurimindi to believe that Vurimindi’ job is coming to an end.186. In December 2008, after Kopko didn’t respond to Vurimindi, Vurimindi contacted Hoseyniand enquired for a permanent job opportunity and Hoseyni told to Vurimindi that once hecomplete his MBA, Vurimindi could be recruited by Wyeth at a different role and at themoment Wyeth froze all hiring.
Page 38 of 85187. In December 2008, Vurimindi contacted Wyeth’ HR Manager, Jennifer Hanson and enquireabout job opportunities within Wyeth. In response, Jennifer Hanson told to Vurimindi’ thatcurrently Wyeth froze all hiring. Immediately, thereafter Vurimindi contacted DennisPeppered, Sr Vice-president for Human Resources at Wyeth and communicated Vurimindi’intention to become an employee of Wyeth. But, Dennis Peppered never replied toVurimindi’ communication.188. In December 2008, despite Hoseyni told to Vurimindi Wyeth froze all hiring, Hoseyni hiredtwo Accenture employees, Melissa Binz (“Binz”) as Director, Central Standards Group andDebra Rittenhouse (“Rittenhouse”) as Asst. Director, Central Standards Group. After that,Hoseyni and Binz filled several positions, but completely bypassed Vurimindi.189. In December 2008, prior to Christmas holidays, Kopko gave $10.00 gift certificate as bonusfor the year 2008 and told to Vurimindi that, “Vamsi, you might have better chances to makemoney by buying lottery tickets”, implying that, the chance of getting a job within Wyeth issimilar to the chance of winning a lottery ticket.190. In December 2008, after Kopko give $10.00 gift certificate, Kopko told to Vurimindi that as“If you one more time talk to my boss, you are out from here”.191. In December 2008, Inventive refused to enroll Vurimindi into its health benefit plan for theyear 2009. When, Vurimindi insisted to enroll into health benefit plan, Paul Freeman(“Freeman”), Program coordinator for inVentiv Clinical Solutions at Wyeth, told to Vurimindito find a job somewhere else, who can offer health benefits for the year 2009. At that timeVurimindi asked, Freeman, “What made him to say like that?” Freeman didn’t respond toVurimindi.192. In December 2008, after having a conversation with Freeman, Vurimindi enquired Kopko andMoyer and asked, “Why Freeman is asking me to find another job?” “Did you inform himthat my contract is getting terminated?” In response, Kopko and Moyer told to Vurimindithat, “you are reading into too much into the health benefits issue. Don’t worry about yourjob.”193. In December 2008, after Vurimindi contacting Wyeth HR, an unknown Vurimindi’ classmatemade a complaint against Vurimindi plagiarized his class work and another unknown
Page 39 of 85Vurimindi’ classmate made complaint against Vurimindi that they saw that Vurimindicarrying a gun in Duke campus. Vurimindi wasn’t informed by Duke immediately after theyreceived complaints against Vurimindi.194. When Vurimindi attending for his MBA at Duke, Vurimindi also enrolled into Duke’ HealthSector Management (“HSM”) program. In the 1stWeek of January 2009, Duke and as part ofHSM program, organized a week long immersion program with PhRMA, FDA, Public Citizen,Office of Management and Budget at White House in Washington DC.195. In January 2009, prior to Kopko asking Vurimindi to tender his resignation, Specter, Kopko,Moyer, Zhou and Hoseyni contacted statisticians at PhRMA (The PharmaceuticalManufacturers Association) and told them “Wyeth couldn’t able to verify Vamsi’credentials”, “Vamsi was a Juvenile delinquent”, “Vamsi is not a good fit within Wyeth” and“Vamsi is not capable to handle managerial responsibilities”, when PhRMA represents thecountry’s leading pharmaceutical research and biotechnology companies and have access toevery pharmaceutical company in US and around world.196. On 14thJanuary 2009, after Vurimindi returned from his weeklong Washington DC trip, andjust 10 days before Vurimindi’ Term 3 final examinations, John Gallagher (“Gallagher”),Assistant Dean, Fuqua School of Business, called Vurimindi on his mobile telephone, whenVurimindi is at Wyeth and asked whether Vurimindi carried a gun on Duke Universitycampus. Vurimindi was shocked for that question and replied that Vurimindi never carried agun on the campus. At that time, Vurimindi reminded to the John Gallagher that Vuriminditravel to Duke by flying through commercial airline and passing security checks and it isimpossible to carry a gun in Vurimindi’ luggage. At that time, Vurimindi informed to JohnGallagher that on 23rdand 24thJanuary 2009, Vurimindi need to write Term 3 final examsand whoever complained that Vurimindi is carrying a gun on the campus is a deliberateattempt to distract Vurimindi from his preparation of examinations. Since January 2009,Vurimindi was continuous surveillance of Duke Police and Duke Private Security until end ofVurimindi’ WEMBA program in November 2009.197. In January 2009, after Vurimindi received a call from Gallagher, Kevin Chartier (“Chartier”),Assistant Vice President of Global Biostatistics & Programming and Hoseyni standing behind
Page 40 of 85Vurimindi, looking towards Vurimindi, Hoseyni and said that, “you will go to Jail”. Vurimindiwas surprised to Hoseyni’ comment and then asked what made him to say like that. At thattime, either Hoseyni or Chartier didn’t respond to Vurimindi.198. In January 2009, next day after Hoseyni told to Vurimindi that “you will go to Jail”, Zhou toldto Vurimindi, “I will inform to the Federal Bureau of Investigation (FBI) on you”. At that time,Vurimindi asked Zhou, “What is the matter with you?” However, Zhou didn’t respond toVurimindi.199. In January 2009, two days after Zhou told to Vurimindi, “I will inform to FBI on you”, whileZhou standing behind Vurimindi’ work desk and while Hoseyni passing Vurimindi’ work desksaid to Zhou, “if Vamsi come with this dress code, what dress code should you follow?”.Vurimindi was surprised to Hoseyni’ comment, because Vurimindi always go to his work in aformal business attire with a blazer and sometimes with a tie. Hoseyni never made a lowlevel comment and Vurimindi begin to wonder as to why a such a senior level employeeeven take time to make such a comment about Vurimindi’ dress.200. In January 2009, after Hoseyni and Zhou begin to make threatening comments, Test usingAndrea Chrupcala (“Chrupcala”), Administrative Assistant for Hoseyni, Lori Gonzalez(“Gonzalez”), Administrative Assistant for Kopko, Linda Vasile (“Vasile”), AdministrativeAssistant for Zhou, as an anchor for his conversations, looking at Vurimindi and told to them,“he is a juvenile delinquent” and “he didn’t pass high school”.201. In January 2009 until termination of Vurimindi’ contract in March 2009, Chrupcala, Gonzalez,and Vasile frequently in a mocking fashion using each other as an anchor, repeat the verbalattacks made by Vurimindi’ classmates at Duke University.202. Vurimindi used to carry an electronic copy of his WEMBA course material on his computerand in January 2009 until termination of Vurimindi’ contract in March 2009, Chrupcala,Gonzalez, and Vasile frequently repeated key words and phrases from Vurimindi’ coursematerial and course case study names and this lead Vurimindi to believe that Kopko, Moyer,Zhou and Hoseyni o constantly monitored Vurimindi’ work computer 24 hours X 7 days aweek until termination of Vurimindi’ contract in March 2009.
Page 41 of 85203. In January 2009 until termination of Vurimindi’ contract in March 2009, several onsitecontract SAS® programmers who directly report to Zhou, approach Vurimindi and startenquiring Vurimindi about his issues at Duke University and suggested to drop from WEMBAprogram. At the time Vurimindi asked those contract SAS® programmers what made them toadvice Vurimindi to drop from the School. At that time the contract SAS® programmer toldto Vurimindi that they heard stories against Vurimindi at Duke. When Vurimindi asked themhow they came to know about the Duke’ stories, they refused to answer.204. In January 2009, during a biweekly teleconference, Kopko asked Vurimindi to resign from thejob, while Moyer, Williams, Cheng, Binz and other Wyeth employees present in the meeting.In response to Kopko’ demand to tender Vurimindi’ resignation, Vurimindi told to Kopko thathe would resign, if Kopko arranges an exit interview with Wyeth President. Vurimindi askedfor an exit interview with Wyeth President, is to ask Wyeth President to provide a favorablereference for Vurimindi’ future job, because at that point Specter, Hoseyni, Zhou, Kopko andMoyer would sabotage Vurimindi’ job opportunities.205. In February 2009, Kopko and Moyer stopped giving work to Vurimindi, so Vurimindi askedthe Kopko and Moyer ‘What is going on and why you have stopped giving any work?” Atthat time, Kopko and Moyer told to Vurimindi that “You need not worry specifically;everyone within Wyeth is worried that Wyeth was being bought by Pfizer”.206. In February 2009, after Kopko and Moyer stopped giving work to Vurimindi, organized a lateChristmas party in a Kopko’ relatives restaurant near Wyeth Collegeville facility. During thatChristmas party, Kopko told about Vurimindi’ private life facts to Vurimindi’ colleagues, suchas Vurimindi’ married life and about Vurimindi’ wife and her business.207. On 4thMarch 2009, Freeman told to Vurimindi that Kopko and Moyer want to meet withVurimindi on 5thMarch 2009 late evening and in response Vurimindi requested to postponethe meeting until Vurimindi return from his class on Monday, because he has to catch flightto attend his classes at Duke. As soon, Vurimindi go to the Duke campus, Vurimindi’classmates ridiculed Vurimindi and said, “You are fired from your job”.208. On 5thMarch 2009, Vurimindi called Kopko over telephone from Duke Campus and at thattime Kopko told to Vurimindi that “Wyeth terminated your contract”. In response, Vurimindi