ADP has filed another lawsuit against the whistleblower who was illegally fired by the payroll giant for reporting its federal crimes and poor ethical behavior he witnessed to the SEC and FINRA.
In its latest lawfare move, the new case filed in Florida alleges that whistleblower David Schwartz, who went public with the evidence the company initially sued him to return, has made ADP “suffer,” led ADP clients to quit the firm and led its competitors to poach business.
Even better, the filing documents the timeline of his employment, including three consecutive annual promotions before inexplicably being fired a month later. The document leaves out that the whistleblower was the leading national salesman each year, and so good at his job that he was brought to headquarters to record training videos.
The chronology also leaves out that, in his final month, upset by finding out about the lawlessness, federal tax and social security crimes and pension violations, the whistleblower begged ADP management and its legal and compliance team to address these wrongs.
When he was ignored, the whistleblower then filed federal claims against the company with the SEC and FINRA, earning job protection under the whistleblower statutes. When they fired him, ADP broke the law.
And rather than leave well enough alone, ADP sued him to return his evidence, beginning a protracted legal battle that has cost the whistleblower all of his savings.
After dragging this out for a year, while hoping for a judge to dismiss the case, the whistleblower’s lawyer published his counterclaims. That filing detailed the allegations made to SEC and FINRA, and, now officially in the public record, the whistleblower turned to social media.
Rightfully so, when people learned about ADP’s crimes, clients left the firm and its competitors pounced to win business from ADP. Meanwhile, former employees reached out to support the whistleblower’s claim.
The company, in its filing, claims that whistleblower’s actions have caused it to “suffer.”
Well, then. ADP has caused the whistleblower to suffer through its pigheaded legal strategy; made its clients suffer through years of bad customer service and costly mistakes and make state and federal governments suffer by breaking their laws.
And, guess what? Expect to “suffer” even more, ADP. The pain will continue.