Underlined hyperlinks are to
official documents that are points of major importance.
In
short, neither my former employer; Leap Technologies, Inc nor it’s
representative (Xiang Dong Li (also known
as Shawn Li/Lee and Dexter Li/Lee); (using the
title(s) Executive Vice President and Chief Operating Officer) has
paid me and I still have not received proper separation; as promised; from Leap
Technologies, Inc. Nor, have I received my W-2 form for 2001; needed for tax
purposes.
Adding
injury to the insult, I was also forced to file a complaint for wages
to obtain pay for the actual day(s) I was entitled to (Monday (payday)
April 16, 2001 and Tuesday (laid off ) April
17, 2001).
The results from the
complaint awarded me $3,595.37 in an Order Decision Award from the expert analysis
of the Labor Commissioner’s hearing officer from the Department of Industrial
Relation’s Wage and Hour Division at 7575 Metropolitan Drive in San Diego, Ca.
The 3rd rescheduled hearing was held on September 19th 2002 in
San Diego and the 4 page decision is posted :
The
Judgment (IC804309)
dated January 24, 2003 is for $3,715.43
- October 5, 2000 letter from Xiang Dong Li (also known as Shawn
Li/Lee and Dexter Li/Lee) with a signature of Vice President (but had business cards printed
using the title(s) Executive Vice President/Chief Operating Officer)
of Leap Technologies Inc. using a 6325
Lusk Boulevard address in San Diego, CA.
BUT,
an
unfurnished office was set up in November of 2000 at 6150 Lusk- B100/101
(approximately 2 blocks from the address on the letter) in San Diego, CA.
No furniture was moved from the “supposed” previous
location of 6325 Lusk. I was
involved with selecting all new office furniture purchased from Jerome's and Shore Office Furniture in the
San Diego area. The only furniture at the 6150 Lusk Boulevard address in
November 2000 (prior to my start with the company) was a chair, telephone and
fax machine (located in the first office near the entrance which was ultimately
assigned to Shawn Lee/Xiang Dong Li).
This October 5, 2000 letter was to Min
Hao/Hao Min (aka Janne) identified as Vice President of Leap
Technologies (in actuality Ms. Hao’s position was as an engineer with the
company known then by the name of Netalone.com). The letter also includes the name Yaoting
Yang (aka Michael) or Yaoting
Yang; later designated as Chief
Engineer upon his arrival to Leap Technologies in San Diego.
From Netalone
to Leaptek :
Netalone
named change to Leap Technologies in October 2001
NOTE:
October 5th’s Leap Tech’s letter has a Florida fax
number of (561) 365-2716. This fax number
was operable on June 21, 2002 when I faxed copies of the subpoenas to Xiang Dong Li/Lee
and Mr. Hon Tung
Keung/Tung Kueng Hon for the June 27th
hearing at the Labor Commissioner’s San Diego office.
Subpoena for keeper of
records.
A
Florida fax number on a California company’s stationary?
The
letter to Min Hao/Hao Min (aka Janne)
and Yaoting Yang (aka Michael) referenced
Min Hao/Hao Min (aka Janne)’s
position with ("The Leap Group")
as Vice President of Leap Technologies,
Inc (Shanghai)-but, official Netalone/Leaptek documents on
the Hong Kong Stock Exchange indicates Ms. Hao’s position with the organization
as engineer. She ultimately opened a “LEAP GROUP”
entity in the United States called Leapsys Technologies, Inc. in September 2001(as President); was
elected as an Executive Director of Leaptek Limited (Honk Kong) in September 2001 and resigned from
Leaptek Limited (Hong Kong) on June 20, 2002. The Judgment deceptively
indicates Ms. Hao’s position as counsel for the defendant (Leap
Technologies-San Diego) with an incorrect company address in China for the
purpose of misleading the San Diego Labor Commissioner’s office.
The
October 5th letter extended an invitation to Ms. Min “Janne” Hao and
Mr. Yaoting "Michael" Yang to come the United States (miscellaneous
expenses paid-not limited to transportation or housing) and to visit the San
Diego “R & D (research & development) facilities to spend a few weeks
with Leap Technologies, Inc.'s (San
Diego) engineers (arriving after
the letter was sent). The 3 “supposed” engineers (Jian "Jeff" Chang, YouXue
"Edward" Kong and Chengcheng "Allen" Liu) arrived in San Diego on
approximately November
19th, 2000. I was asked (by Shawn/Dexter) to pick them up
from LAX and drive them to San Diego (to which I objected and declined).
This letter to Min Hao/Hao Min (aka Janne) indicates a ("Leap Group") address of 33
Fushan Building, Fushan Road in Shanghai, 200120, PRC. But, official company
records indicate that Leaptek Limited (Hong Kong)-(created October 5, 2001) - from the Netalone.com and Cybersonic Technology Limited’s corporate name
changes- was operating from an office location at 30 Harbour Road
Sun Hung Kai Centre 23rd floor; units 2305-2308 in Wenachai, Hong Kong with Mr. Hon Tung Keung aka Mr. Hon as Chairman/Chief Executive
Officer. The office headquater’s relocated to:
Room 6302
The Center
99 Queen's Road Central
Hong Kong
Mr.
Hon is the "same person" (with a different name variation of
"Tung Keung Hon"; as filed with the California Secretary of State
Corporate office records) registered as President of "
Leap Pacific, Inc"-
incorporated 9/5/2001 to do business in
California.
Leapsys, Technologies,
Inc. (incorporated
9/7/2001) referenced Min Hao/Hao Min (aka
Janne) as President, she also held
the position of an Executive Director of Leaptek Limited (Hong Kong)-(created October 5, 2001) - from the Netalone.com and Cybersonic’s
corporate name changes); but while
she was at Leap Technologies, Inc.(San Diego) she had no distinct title or
business card.
I
was asked to meet at the office site location on October 25th, 2000
at approximately 11am and then have lunch with Shawn/Dexter and later meet with
Min Hao/Hao Min (aka Janne) and
Yaoting Yang (aka Michael) for
lunch. After lunch, cell phones were purchased for Min Hao/Hao Min (aka Janne) and myself, yet Yaoting
"Michael" Yang (Chief Engineer) always answered Janne's phone as she
spoke very little English.
I
was asked to come back to San Diego in a few days to stay over the weekend and meet
at the Residence Inn in LaJolla with Shawn/Dexter, Min Hao/Hao Min (aka Janne) and Yaoting Yang (aka Michael) (where they were housed
until December 2000-also I was later asked to help them move computers (in my
personal SUV) out of the Residence Inn into their new residence (to which I
declined).
October 27th,
2000, I
arrived in San Diego at approximately 9pm looking forward to being housed in
luxury at the Residence
Inn in LaJolla but I was placed (supposedly paid for by the company,
but charged to Mr. Li’s American Express card) in the
Holiday Inn Express in Encinitas for 2 days instead of the luxurious
living quarters (supposedly paid for by the company) as my co-workers.
I
was given the duty of having business cards
created for all employees; except Min Hao/Hao Min (aka Janne); who occupied an
office at the San Diego location-but never a defined title/position.
Leap Technologies, Inc.(San Diego) (incorporated February 5, 2001 in Bear, Delaware - 4 months after my start date and 2 months prior to my “separation”) filed to operate as a business in California with the Secretary of State and Xiang Dong Li (aka Shawn/Dexter Li/Lee) was listed as the registered agent for the San Diego company (until he removed his name from the California State documents on September 25, 2002 - five days after the hearing with the Labor Commissioner’s office; almost a year after the office on Lusk had been closed)
The person responsible for hiring my services; Mr. Xiang Dong Li/Lee aka Shawn Li/Lee aka Dexter Li/Lee; resides in Rancho Santa Fe, CA 92067 (the richest city in California). Mr. Li/Lee used same P O Box (3175) for 6150 Lusk Boulevard (Leap Technologies’ last know physical U S location) mail and forwarding).
Mr. Li/Lee uses telephone number(s) to conduct the majority of his business and they are: (619) 742-7888 and (858) 759-7888 and (858) 382-5538. Mr. Lee/Li was also responsible (on behalf of the company) for my separation and unpaid wages.
I
managed to get a copy of the separation agreement from the Labor Commissioner
office during my conference on June 14, 2001.
Separation page 1 Separation page 2 Separation page 3 Separation page 4
The person(s) presently responsible for
"Leaptek Limited" are at:
Room 6302
The Center
99 Queen's Road Central
Hong Kong
New Directors are:
Mr. Ho Te Hwai, Cecil
Mr. Wilton Carr Timothy Ingram
Mr. Jason Chan Kam Kwan
Mr. Wong Siu Kang********
Mr. Sammy Jake Leong Wong *****
Mr. Lau Kwok Kuen
Mr. Tang Ho Sum ********
Mr. Pun Kin Wa
Mr. Ching Chang Sin
Chang Yuk Yee, Company Secretary
*****appointed on June 21, 2002 and resigned on June
27, 2002
This information can be located on the records
posted at: http://www.hkex.com.hk/index.htm (under listed companies
information using Leaptek's stock code 0336).
I
was asked by Mr. Li/Lee (the same Dexter Li/Lee from The Vertex Group/UCN in Los Angeles)
to relocate from my home in Los Angeles to San Diego. The relocation fee to me
was $2500 (which was paid one-half at a time over a 3 week period from Mr.
Li/Lee’s personal checking account). I was recruited to work as Office
Manager at a pay of $30,000 per year at a San Diego business that he knew (or
should have known) had not yet been officially established or in existence; legally. He knowingly,
falsely represented the existence of
the company and the position I was to hold with the company.
He
falsely represented the length of time the work was to last and the final
compensation, which violates California Civil Code § 970. Misrepresentations.
I
secured an apartment in Lakeside’s Ashwood Apartments
and was scheduled to move in December 1st, 2001, but decided against
moving from Los Angeles. I commuted for 6 months accumulating costly mileage
and wear and tear on my now repossessed Chevy Tracker.
After
a few unfavorable pay issues with Mr. Li/Leap regarding excessive payroll
deductions to Federal taxes, late pay checks and the most recent late pay issue
on Sunday April 15th, 2001; I arrived to work on Monday April 16th,
2001 to get my regular payroll check and received another personal check from
Mr. Li/Lee (for the period 4/1
to 4/15).
I
arrived on Tuesday April 17th and was informed that I was being laid
off due to “company funding from Shanghai (yet Leaptek Limited’s subsidiaries -
Leapsys and Leap Pacific – registered to do business in
the State of California 5 months after my “lay off”. I was also asked to
return cell phone at that time and return on Wednesday April 18th
to sign separation papers.
I never returned to the job site and continued to correspond with Mr. Li/Lee and Yaoting “Michael” Yang via e-mail(s):
April 16 April 17 April 18(a) April 18(b) April 19 April 22
April 23(a) April 23(b) April 24
May 5 May 7(a) May 7(b) May 11(a) May 11(b) May 25
As
I continued to pursue my discrimination and wage claims thru DFEH & DLSE,
Leaptek Limited’s United States subsidiaries and it’s company officers vacated
all locations in the United States but they maintained presence on the World
Wide Web until December of 2001, even advertising my position
for fulfillment at the now disabled site of http://www.leapsys.com
The DFEH could not locate the respondent (because he declined to acknowledge their correspondence-which was being sent to his personal P O Box at the same time as the DLSE’s correspondence regarding unpaid wages) and the closed my claim issuing a “Right To Sue” notice.
DFEH’s
correspondence:
Leaptek
Limited has/had not 1 but 2 domains in China
1.
leaptek.com - [email protected]= administrative contact (no longer
working with Leaptek)
2.
leapsys.com - [email protected]= administrative contact (e-mail disabled)
At
one time, both domain websites were disabled and an attempt to display the
company information was made by using the domain name of MDI TECHNOLOGY
(mditechnology.com).
The
principal in the United States (Xiang Dong Li/Lee aka Shawn Li/Lee aka Dexter
Li/Lee) resides in California's richest city in the exclusive gated community
of Rancho Santa Fe. He had not 1 but 6
different e-mail addressees; none of which are presently valid.
All of Xiang Dong
Li’s e-mail addresses have disappeared as of October 2002.
The
officers for the company incorporated entities of the business in Bermuda and
Delaware with stock in offshore accounts in Honk Kong, Munich, Stuttgard,
Berlin and Dusseldorf. Yet, my claim with DFEH was closed because they could
not locate the employer; even though the company information was supplied to
DFEH from my efforts and research. That claim/complaint will be reviewed by and
administrative board and State officials.
I
sent this to Attorney General Bill Lockyer's office in February 2002 and was
directed to contact the Dept. of Industrial Relations (which was done prior to
receiving the award from the Dept. of Industrial Relations).
The
award from
the Labor Commissioner against Leap Technologies failed to include the
severance pay.
Mr.
Xiang Dong Li (Shawn Lee/Dexter Li/Lee) came to the hearing at the DLSE’s Labor
Commission and lied (again).............this time verbally and under
oath.
He
agreed with the Hearing Officer's leading question and misstated the true fact
that the 1/2 month separation pay was contingent upon my return to work on
Wednesday April 18, 2001(even though he continued to lead me to believe that he
was still in the process of sending the documents for me to sign. If he didn’t
send them, it was virtually impossible for me to prove that the company did not
pay me. It would have been easier for the hearing officer to ask the company
(or it’s representative) to show that the separation pay was paid, by
virtue of a cancelled check or payroll records.
Mr.
Li/Lee also miss-stated the true facts when he informed the company that I did
not come to work Tuesday April 17th, 2001.
My
pay from Leap Technologies, Inc. was:
November
1 – personal check from Xiang Dong Li/Lee for half of relocation fee ($1250)
November 8 – other
portion of relocation fee ($1095 paid to rent apartment)-due $155
November
10 – personal check from Xiang Dong Li/Lee for period Nov 1 to Nov 10
November 29 –
first official Payroll check (with excess deductions) for Nov 13 to Nov 24
December 11 - for
Nov 27 to Dec 10
December 23 – for
Dec 11 to Dec 25
January 18 – for
Dec 26 to Dec 31-direct deposit to checking account
January 18 – for
Jan 1 to Jan 15-direct deposit to checking account
February
1– personal check from Xiang Dong Li/Lee for Jan 16 to Jan 31
February 16 – for
Feb 1 to Feb 15
March 1 –
personal check from Xiang Dong Li/Lee for Feb 16 to Feb 28
March 16 –
personal check from Xiang Dong Li/Lee for for Mar 1 to Mar 15
April 1 –
personal check from Xiang Dong Li/Lee for Mar 16 to Mar 31
April 16 (Monday)
– for Apr 1 to Apr 15
Mr.
Li/Lee brought no company documents to the hearing and I was forced to prove to
the hearing officer that I was at work on Tuesday April 17th, 2001. I was
successful in proving this through the e-mail sent to me by Mr. Li/Lee. The hearing officer asked me the reason for
not including Monday April 16th, 2001 and allowed me the opportunity
to amend my claim to include the overlooked date. He also stated that my
amending would give the company the opportunity to have a continuance (to which
Mr. Li/Lee agreed). I expressed my desire to not have the unpaid wage issue
drag on and declined to amend to include Monday April 16, 2001; but that should
not have had any bearing on the actual fact or the hearing officer’s expert
analogy.
I
could not prove that Leap did not
pay the 1/2 month's severance pay. No severance documents were ever mailed
to me to initiate the pay and Mr. Li/Lee stated under oath
that he did not see me in order to personally give me the severance pay
documents (even though he knew on several occasions he sent e-mail stating that
he would mail the separation papers to me in Los Angeles). The Hearing Officer
overlooked the fact of the documents being mailed (as notated in the exhibit (e-mail
dated April 18th from Mr. Li/Lee to me) versus the conflicting
testimony of Mr. Li/Lee’s agreement with the hearing officer’s leading
statement that my severance pay was contingent upon my return on April 18th,
2001 (after being terminated).
Although
Mr. Li/Lee purposely sent the separation papers (and a copy of his personal
check paying my regular April payroll wages (April 16 (Monday)
– for Apr 1 to Apr 15 ) to Fabian Cooper of
the Labor Commissioner’s office on Metropolitan Drive in San Diego, he still
has never mailed the separation documents to me in Los Angeles as promised.
I
have never received the COBRA medical information required by federal law and I
have never received my 2001 W-2 information.
Separation
pay was overlooked in the hearing officer expert analysis and is still due, as
promised.
e-
mail : Christine Franklyn