Complaint Review: David Musgrave - Fort Worth Texas

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Addendum supporting evidence/information for case JP01-21-SC00015162 :

Bo Chen vs Lone Star Transportation LLC

JP01-21-SC00015162

On the very first morning that I (Plaintiff Bo Chen) started work, the IT Director Mr. David Musgrave of

Lone Star Transportation LLC (Defendant) had pulled me aside and into his office, closed the door, and

sat me down and essentially told me that I was hired on to replace the existing system/network

administrator Mr. Patrick Macik but that to keep it a secret. He said he was only going to tell the rest of

the team that he brought me on to help out with projects and other workloads but that no one should know that I was to replace the system/network administrator and that I was to play along.

This was not at all what the original job posting had represented since my recruiter told me that the IT Director had told him this position was an addition to the growing team and that they merely needed another headcount to help out with the growing workload etc.

Both the IT Director (and early my recruiter from Matrix Recruiting) had offered me $90k ($90,000 USD

per annual) with benefits as full-time exempt employee. The IT Director stated that he didn't have the

budget to keep two system/network administrators on-board full time, and eventually Patrick would have

to go. The Director's intent was to utilize this transition period for me to learn as much about the systems

and networks and gain whatever knowledge I could glean from the existing network admin before letting

the other guy go...

One day, the IT Director took Patrick out to lunch and told him that his time was up and offered to give

him a good reference and told him to call recruiter John at Matrix so that he could help him set up for a

new position elsewhere at another company. The IT Director expressed to me he was hoping Patrick

would have already found another job on his own by now and that it wouldn't have to come to the

situation where he would have to fire him etc. He mentioned he was running out of money/budget and

that is when I stated if it would help to keep Patrick onboard for a little while longer that I would be

willing to have a lower wage and that he could essentially pay me $80,000 for the first year instead of the

agreed upon $90,000.

The IT Director accepted my offer however as it turns out in the end he did not end up keeping Patrick

on-board for any longer period of time and still fired him on the date that he previously advised me that

he had originally intended to end Patrick's employment. Furthermore, he stated that he would pay me

back the $10,000 as an end of year bonus of some sort after I had worked at the company for a full year

etc...

On the day of Patrick's termination, he had instructed me to be the designated person to terminate all of

Patrick's application, phone, systems and network access. Since we had a very small IT department of

only five people, and the rest of the individuals in the IT department had all been there for decades,

everyone knew that I was the one who terminated Patrick's access on the day he was fired and replaced

and took Patrick's spot. Afterwards, the IT Director told me to clear my cubicle and move into Patrick's

enclosed office and take over his position, title and desk, etc... This put me in a very awkward position as

the rest of the team believed that I had intentionally lied to them and mislead them when I had been

forced by the IT Director to play along to pretend that I wasn't going to end up taking Patrick's spot and

then later on exactly that had actually happened and transpired. Everyone else in the IT department had

known Patrick for a very long time and they were all close friends and felt that I had essentially stolen

Patrick's job/desk/office while also lying to them about it.

Sometime later, the company had acquired another smaller trucking company called Schillis and there

were to be a consolidation and transition of sorts. The smaller company that was to be transition into this

company also had an IT team with an IT manager by the name of Nick Gorney. Mr. Gorney was located

in a different city and state and was later required to work with our IT department to do the transition and

consolidation. Later the IT Director pulled me aside and told me that sooner or later like with Patrick, that

Nick Gorney would have to go and he was going to lean on me to help him out with it. He wanted me to

learn as much as possible from the process and to get as much information as I could from Gorney, to

basically prepare for the day soon where Gorney was gone and I would have to essentially take over for

much of the tasks that he had been doing. By this time most of the employee's at Schillis that were under

Gorney had already been let go, so the IT Director advised me it was imperative that I get a good

understanding of their systems for when Gorney was no longer employed with the company.

Mr. Nick Gorney had reached out to me and expressed to me in passing some of his job security concerns.

His hunch was that IT Director was going to get rid of him. This time around, unlike with what had

transpired with Patrick Macik, I had refused to actively tell lies on behalf of IT Director David Musgrave.

I shared with him the gist of what I felt might eventually happen and also advised him that while there

were some things I wasn't allowed to say or share with him, that I wasn't going to tell him any lies nor

actively deceive him etc...

Shortly thereafter, Mr. Musgrave had an abrupt change of behavior and attitude towards me. He took me

out to lunch one afternoon and told me that if I knew what was good for me then I would know to play

ball, etc... But later, he started demeaning me in front of the rest of the IT members whom by this time

had already grown to dislike me since they all perceived that I had stolen Patrick's job while lying to them

about it etc... One morning during our daily IT meeting in his office, I was wrapping up a call with a

vendor support on the phone and the daily IT meeting had just started and the IT Director started to pound

hard with his fist at the wall (his office was directly adjacent to mine) to get me to drop everything and

attend his meeting, then telling me to put my crappy Chinese (Huawei) spyware phone away since it was

disrespectful to him for me to use a phone while during his meeting...

Right before the Thanksgiving holidays (of which employees such as myself would be getting paid for the

holiday) I had reminded Mr. Musgrave that per our earlier agreement that he should pay me back the

$10k since I would have been at the company a full year right after the Thanksgiving break and that he

had previously promised to give me the $10k back (which I had volunteered as a one-year wage reduction

for the purposes of keeping Patrick on for a few months longer but that he later never utilized since he

still fired Patrick on the same day he had originally planned etc) in what he early stated would be in the

form of an end of year bonus of some sort etc. He stated that he would have to think about it and that we

would talk and have discussion about this after the holiday break.

As it later turns out, the same day we had these talks he had reached out to Matrix recruiting to have them

publicly list an ad for to replace me and get a new guy into my position. Knowing this, during the holiday

break I told Rudy that I might end up having to file for unemployment. Rudy had been talking to Patrick

and previously towards the very end of Patrick's tenure Rudy had essentially been pressured by Director

Musgrave into becoming the unofficial backchannel guy who was passing on information from the IT

Director to Patrick and myself indirectly etc. (for example the IT Director had utilize Rudy to pass word

to Patrick that if he couldn't find a job in time that he was still going to get fired when his time was up

etc) At around this point in time, Patrick had reached out to me to say that he regretted taking the IT

Director's previous offer of using him as a job reference because the IT Director had indeed actually been

blackballing him by maliciously defaming him to the prospective employers that had called him for a

reference. He said he was seriously considering whether or not to sue the company for defamation and for

costing him many potential job opportunities...

After I found out about all this information, I believed it was very likely that IT Director Musgrave was

going to do to me what he had already done to Patrick Macik and what he was planning on doing to Nick

Gorney. Throughout the Thanksgiving holiday break I had been thinking about whether or not to turn in a

two week notice but at that point in time I was still working and still an active employee and hadn't

submitted anything yet as I was still debating with myself my options... In point of fact even on that

Saturday I had gotten a call from Rudy since the IT Director had told him to contact me to remind me to

drive into the company data center on the weekends in order to change out the backup tapes on site.

The following Monday I was feeling unwell so had decided to work from home (as the network/system

admin and in the IT department, we frequently used VPN in order to work remote from home whenever

we couldn't make it into office etc) and submitted via company email a tentative "two week notice" with

the understanding that I was still thinking about it and that it wasn't official yet. I then felt even more ill,

so I then took some medication and got some bedrest, but by the time I had woken up I already received

several person emails from co-workers in entirely different departments (whom were not in the IT

department) asking me what had happened and why I had gotten fired. Shortly thereafter, that same day, I

received a text message from Rudy (one of the teammates in the IT department) asking me what he

wanted me to do with my custom RGB gaming keyboard and mouse that I had brought from home to use

in the my office etc.

Some days later I received a letter in the mail from my health insurance provider stating that my benefits

had been terminated on November 27th 2019 (the Wednesday before the Thanksgiving holidays) and that

the company had reported that was my final day of employment with them. Later I found out the

company also reported to the TWC that my final day was November 27th 2019.

After I filed for unemployment benefits the company had disputed it with the Texas Workforce

Commission based upon the false information provided to them by the IT Director. The company argued

that since I had resigned (that was their allegation) that I was not entitled to unemployment. But in point

of fact as I later found out, the IT Director had contacted Matrix staffing to have them publicly post a job

opening for my network admin position even before the Thanksgiving holiday break, however during the

weekend of November 30th 2019 (which was during the Thanksgiving holiday break weekend) the IT

Director still reminded Rudy to call me to come back to the company to swap out the IT backup tapes.

Even on the morning of December 2nd 2019 I was still an employee and had full network, systems and

email access to be able to VPN from home/remote and to send and receive emails, including the email

that I sent about my tentative two-week notice etc. It was only after I sent that email that my access was

cut.

My final paycheck did not include payment nor wages for the last three days. I contacted the company

many times about this but they also never rectified nor attempted to correct the underpayment. The

company only paid me up to Wednesday November 27th 2019 even though I had worked until Monday

December 2nd 2019 and even though the company contacted me during that holiday weekend to have me

drive back on site to change out the IT backup tapes on Saturday November 30th 2019.

So by the company's contention my last day of employment was Wednesday November 27th 2019 even

though they asked me to perform work after that date, and even though I still had full access to all the

networks and systems until after I sent the email on the morning of Monday December 2nd 2019.

Essentially the company fired me "without cause" prior to me sending the tentative two-week notice and

then retroactively turned around and not only denied me the last three days of wages but also gave false

information to the Texas Workforce Commission stating incorrectly that I had voluntarily resigned when

in fact the IT Director had already publicly put out an ad for my replacement before the Thanksgiving

break. Since the company claims that my last day of employment was Wednesday November 27th 2019

and since this was even before the date that I first sent the email about my tentative two-week notice,

therefore all this serves to prove that it was the company that first terminated my employment thereby

invalidating the company's contention that I was not entitled to unemployment benefits.

The company also never compensated me for the $10,000 that the IT Director had promised to pay me

back after the first year, and December 2nd 2019 would have been my first full year at the company and

in fact this was the very same morning that I first submitted in writing via email my tentative two-weeks

notice. In the end it took me several months to find another position and I also never got paid for the last

three days of work ($750.00 USD) and I was also denied unemployment benefits ($3,500.00) based

entirely upon the fraudulent information that the IT Director provided to the company and which the

company passed on to the Texas Workforce Commission which they then relied upon in determining my

eligibility for benefits.

In grand total, I calculate that the company owes me in the amount of $14,250 USD.

Submitted October 20th 2021

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David Musgrave advises Bo to visit the "Red Light District" and "run a train"...

https://soundcloud.com/user-306646348/david-musgrave-advises-bo-to-visit-the-red-light-district-and-run-a-train

"How is the weather over there? Warm? You should go to Holland and go see the Red Light District. Full grown, blonde, blue eyed, womens. And in the Red light district you walk down this ... and there are rooms on the side and a big window on the side of the door and they just pose on the window right there and you just walk down there and see what you want. And the further you go down the uglier the women get, by the time you get to the end they are not inside the glass posing by the window anymore they are standing in the streets begging... Couple years ago they were saying they were gonna open a brothel in the airport in Amsterdam. I do want to go out there. You should go to Amsterdam and they have the red light district over there and if you go over there with a train it is easy to go anywhere. You should go to Amsterdam it is a nine hour flight and go for the weekend, I've been there. No one wants to pay me to retire. But who's gonna pay me? I've got to live off something, I have nothing saved up I spent it all. The contractor that works for us he is in India and working for $25 bucks an hour, he has no life, he has no money, he probably only gets $7 an hour the American contractor company he works for. That is not a lot. He has no money to spend over there. China and India have too many mouths to feed."

Bo was publicly lambasted for trying to invite a pretty woman at a gas station (QT). But the supreme irony of ironies is the fact that the very person criticising Bo for this was the same individual whom on record admitted to doing the exact same thing.

Mr. "Trust No One" seems to have double-standards when it comes to picking up chicks at gas stations...

https://soundcloud.com/user-306646348/phillip-knox-my-motto-is-trust-no-one

"My motto is trust no one. Trust no body. Just don't trust anyone. Personally I would give her an 8 (8.0 out of scale of 1 to 10) I've seen prettier and I've seen uglier. Women don't want to be around a guy who is an a*****e, they just don't. If you don't have a personality you don't have a chance in hell, I mean if you just want to f**k a w***e yeah nobody cares. If you are talking about a really nice looking women and you want to have a one night stand with her, be nice, be genuine, just be regular. I used to work, when I was in my own consulting firm, I was flying all over the place, there was this one gal, she was married in the place, and uh this one gal she is cute, she looks at me, bends over real close, and goes I just want you to know I think you are hot as hell. I'm like me being the joker I goes "who you talking to?" and she laughs and it breaks the ice. My pride wasn't hurt, I never had that happen to me before. Anyway she was pretty, I was very surprised, I said thank you and tried to get her name. We shook hands, she was blushing, I was just staring and didn't know what to do. Later on she came back around and asked what time I get done. I told her I get finished around 5 PM. She asked me out to get a drink before we all go. I stopped at the gas station and she is not there, I'm sitting there and had the gas going, and she comes up and leans inside the window and offers to get together and do something like that. Back then we had flip phones so I didn't voice record the interaction. Thinking back I guess it was my loss."

The so-called anonymous "business owner" (aka he has a side gig on the side in addition to his Lonestar job) is an individual who had this to say about this company, about the Human resources at the company, and about the upper management of the company, including his own supervisor:

https://soundcloud.com/user-306646348/knop-ui

https://pastebin.com/ZdVU7Au0

Transcript of Phillip Knox of Lonestar MIS:

They tried to deny his unemployment. Those dumb bit**es over there, the judge is like "f*** you get out of here"... He just wouldn't kiss their a*s**s and they cut him loose, play their game, be sweet and all that. I'll kiss a*s a little but at my age and my experience it is a very very short kiss, it doesn't take much to get me boiled and I have a Glock in my glovebox, anyone gives me sh*t they will be dead, I don't take sh*t from nobody.

F**k no, HR is a dumba*s, she is a dumba*s, I wouldn't trust her as far as I could throw her and I couldn't throw her very far. David called on the da*n phone and she came over and stood up her taking me back there to her office and she just hook line and sinker did up the document and she didn't even f**king ask me anything.

She looked at me and I said "what the f**k do you think, are you crazy?" I ain't got no use for her, she is as useless to me as a sack of hammers. There is HR protocol, I could have called them on it but it would have just bought s**t down on my head that I didn't need. I don't like her (HR) and I sure as f**k don't like him (David Musgrave), first as*hole in thirty guys to give me a rip, in 30 years, are you f**king kidding me, it's just preposterous.

Tamala, Steven, they just walked into Derek's office and told him to clean his s**t up. He talked to unemployment and the courtroom said to Lonestar what the f**k are they doing. He didn't have any paper in his file, no rips, no nothing. And the judge is like, where is his disciplinary sheet, and they are like uhhhhhhh? And the judge is like, get the f**k outta here. Spend that money wisely young man.

They are just f**king as*holes. I agree he got the shaft. David disclosed private information about Patrick's employment status, that is against EEOC rules, you don't do that, it's against his privacy and the boy has rights too in the EEOC court, but they just let it roll, they do whatever they can get away with, if you don't challenge them. They try to pull that s**t on me they will be in court in two seconds, I guarantee you, you just stand back and hide and watch.

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BO CHEN writes another chapter of his fictitious "book" apparently trying to convince ANYONE that he was abused while working at his former job; Which, from everything else I've read that BO CHEN has written about his other former employers, fits right in with BO CHEN'S pattern of screaming abuse and racism with NO material or tangible EVIDENCE.

Unprovoked and having nothing to do with his claims of abuse and blatant racism, BO CHEN proceeds to describe and display his appalling UNPROFESSIONAL behavior while on company time. 

BO CHEN has written a number of times about how BO CHEN turned down a 90k salary that was offered to him only to take a much lesser salary for the good of the company and its employees. He writes that "who in their right mind" does that?  And he would be correct. This is just one of many examples and displays of BO CHEN'S mental state.

It appears that BO CHEN was only employed at his last company for about a year.  To my knowledge, BO CHEN had no prior acquaintances or relationship/friendship with the employees there, yet BO CHEN writes about and POSTS PERSONAL bank transactions and communications displaying how BO CHEN was giving them AND THEIR FAMILIES expensive gifts, buying them meals, and giving them cash money.  In my opinion, management was wise not to accept.

BO CHEN also seems to be obsessed with getting his co-workers AND THEIR FAMILY MEMBERS involved in his search for a "hot girl" and ADMITTEDLY was/is STALKING an employee at the nearby QT!  Trying to get co-workers to "deliver a letter" to her in person. Finally, BO CHEN actually PROVES that he paid a co-worker to deliver this letter by posting his bank statement of transactions!

BO CHEN goes on to ADMIT sending the NUDE photos he calls "medical photos" to employees.  Surely, being in the IT business BO CHEN understands that once a photo is sent to one person's device that it can be sent to millions thereafter.

Apparently BO CHEN sent it to multiple people in the company.   In BO CHEN'S own words, "who in their right mind" breaches HIPPA LAWS and sends his own personal/medical pictures and information to ANYONE ELSE but his own doctor?!

If BO CHEN is in fact mentally stable, then BO CHEN'S latest writings affirms that he iin fact does peruse employment with a preconceived AGENDA to try and expeditiously gain the trust of management and BO CHEN'S co-workers in order to create some kind of narrative that could be twisted into a possible motive for screaming abuse and filing EEOC hoping to get long term "free money".

The more BO CHEN writes and posts, the more I can see how RACIST BO CHEN is against white people in general.  BO CHEN talks about "white people" in almost all of his writings while calling himself "Chinaman".  Why doesn't he just call them people or Americans?

Affirmation that BUSINESS OWNER BEWARE!

Towards the end of Patrick Macik's tenure at Lonestar he had ran into some money troubles, and openly asked people in the department if they wanted to buy some of his items, including asking both David Musgrave and myself (Bo Chen) if we wanted to purchase his Estes RC airplane model for around $350 USD.

Musgrave declined the offer; but Bo, feeling sorry for Patrick's predicament, agreed to purchase the RC model aircraft from Macik and transferred via Zelle/(Bank of America) the $350 to Patrick in exchange for the model airplane.

Later Bo turned around and asked Patrick for a favor. It had been open knowledge in the entire department that Bo's goal for the year was to lose fat, get a set of six pack abs, man up, and then find an attractive woman to go on an overseas trip to Sydney Australia with him towards the end of the 2019 year.

Phillip Knox told Bo to forget about going after a "Miss America" type and that white women were out of his league and that he should settle for finding a nice "Chinese" girl instead. But Bo encountered a very attractive blonde hair blue eyed "Miss America" type of woman working at the nearby QT gas station right by Lonestar.

Bo offered Patrick another $200 to deliver an open letter (which Patrick read and laughed at) in which Bo made the written offer to the woman (if she was single) to accompany him for a free trip towards the end of the year. Patrick initially agreed to this offer but for reasons unbeknownst to Bo the Patrick later backed out at the very last moment...

Later Patrick turns around and tells Bo that he needs to "buy back" the $350 RC airplane, stating that he found a better buyer willing to pay $700 (twice the amount he offered to Bo) for the model aircraft. Bo gave Patrick the Estes RC airplane back, and even told Patrick he could keep the $350 (since Bo knew Musgrave was going to canned the Patrick and Patrick was in for some hard times and felt really badly about the whole ordeal) So Patrick indeed did keep the $350 and never transferred it back to Bo.

Right before Patrick's departure Bo even gave Patrick a free Nvidia RTX 2080Ti graphics card at no cost to Patrick, something valued at $1400 at the time; Bo also gave Patrick a free brand new NVMe drive, and a 32" flat screen monitor.

This was all because Patrick had voiced his intent to build a new gaming PC and wanting to get some good hardware but felt that he was under money pressure. Later, before Bo was terminated by Musgrave, Bo even purchased for Rudy a $400 model toy drone for his kids to celebrate Christmas.

https://imgur.com/a/1SnbdZI

So knowing Patrick backed out of the offer to deliver the QT girl the letter of intent to invite her on vacation etc, Bo asked his bossman David Musgrave if he could help out with this. David Musgrave stated that in exchange for Bo writing him a 'termination checklist' that he would then deliver the letter to the QT girl himself personally once Patrick was gone for good.

Bo typed up the comprehensive termination checklist tailored to Patrick's sensitive security and network access and presented it to Musgrave. Musgrave then asked Bo to be the one to carry out that termination process on the fateful morning of Wednesday May 15th 2019. Bo agreed and terminated Patrick's access that morning and wiped his phone.

Afterwards Musgrave backed out of the agreement and didn't deliver on his end of the bargain. After Bo helped Musgrave terminate Patrick the Musgrave turned around and said that he changed his mind and instead told Bo to ask Rudy instead.

Bo then approached Rudy and presented him with the same offer. Rudy stated that since he went to the QT gas station every morning to get Monster energy drinks it would be akward for him to do it but then he said he would ask his wife to deliver the letter on behalf. So Bo transferred $200 to Rudy's wife via Zelle/Bank of America and later on his wife allegedly delivered the letter.

As for the fungus and balanitis infection issue, there had been unscrupulous individuals spreading false rumors that Bo was making excuses for taking days off and not really ill. Therefore, Bo had forwarded an email that he had sent to his doctors about the balanitis issue to his manager David Musgrave and to only one other person, the Rudy Arrendondo.

No pictures or medical photos were ever sent via text message or mobile phone, it was strictly a medical related email with doctor's correspondence that had been forwarded to only Musgrave and Rudy and the email had in bold letters the warning of : "[[Medical Photo Evidence - Viewer Discretion Advice - Graphic --]] FWD: My weird skin condition...." as disclaimer.

This email was sent to only Bo's manager and one co-worker for the intent of establishing good cause to be away from work. This is a far cry from those who wish to misconstrue this as Bo somehow sending out nudes.

Bo bought Amy Hart, a person working in debt collections and not even in the IT department, hundreds of dollars of free lunches with no strings attached and never expected and indeed did not ever recieve anything back in return at all.

https://imgur.com/a/1SnbdZI

So all this rhetoric about "free money" is exactly that, empty rhetoric. The cold hard facts speak for themselves. "Free money", Bo was essentially giving away "free money" at Lonestar just to be nice and Bo was the one ultimately taken advantage of... it takes a whole bunch of twisted connotative dissonance to misconstrue that as somehow Bo was aiming to get "free money" from the company.

Who tells their employer that instead of the agreed upon $90k, how about pay me $70k instead if "free money" was the intent? Who volunteers their job to save their coworkers job, not once but twice if the intent was to be greedy and want to get money for free?

If the intent was to scam the company for free money, then why knowingly give out more in donations than you'd ever get back in unemployment? And for the record, Bo has never sued anyone or any company. Which person in the right mind would give up a job paying $90k so that at most he could hope to get $500 a week for up to six months? Do the math, it doesn't add up.

When Patrick threatened to quit and walked out the door so many times the company begged him to stay and talked him into not leaving. And when Patrick was finally let go nearly a year later the company gave him two extra weeks of pay, kept him on as a consultant, and even gave him 3 months of severance package.

Yet when Bo sent one letter to express grievances against Musgrave he is summarily terminated, not given his two weeks nor allowed to work them out, and then the company decides to contest unemployment and furthermore stole three days' wages from Bo's final paycheck. Even after being contacted to make the corrections the company has done nothing.

Is it really too much to ask the Lonestar/Daseke company to do the right thing and follow the labor law?

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David Musgrave instructed Bo to find dirt on Phillip Knox after he fired Patrick Macik as Phillip Knox was supposed to be the next in line to get canned; supposedly right before when Pete retired he had two batches of resumes for replacements, one to replace Patrick and a second to replace Phillip.

Musgrave was more than happy to recieve audio recordings of Phillip Knox that he then instructed Bo to take in order to get evidence to get rid of the Knox. He said he wanted to take him to "WALMART" to fire him.... This was right after the tragic events of Walmart shootings and made in very bad taste.

Then Musgrave asked that Bo give him some firearms for free because he didn't want to have to use his own ID to get the firearms, right after Bo stated that the crisis has gotten out of hand and that USA needed a comprehensive gun control program. When Bo told Musgrave that Knox had made threats of using his Glock the Musgrave just laughed it off stating that everybody in the company is pro-2A.

=====

To David, Rudy:

Monday, August 19, 2019 9:04 PM

Don't you guys find it a little odd that Phillip Knox's computer (KNOP) has never once showed up in the inventory back when we were using the free Express edition of KACE (see attach) and even now for Desktop Central and Managed Engine?

The dude is the only one in IT who doesn't show up on any systems during inventory.

I had suspected even back in early May that there might have been fowl play to explain the sudden network outages, it always happens at the most inconvenient of times...

For example when it happened two Fridays ago I was called by bossman to have a chat with him (so phones were working at the time cause he called me on the work desktop phone) and about 20 minutes into the chat the Rudy drops into bossman's office and interrupts both of us, saying the phones are down, then Phillip adds that he got disconnected from AS400...

In today's incident, whatever happened went down exactly at 2:00PM, literally moments after bossman had to go talk with his bossman for the scheduled meeting... at the time Rudy wasn't even in his office and Terry was busy doing something else...

I suppose it could all be coincidence, but the common denominator is that if someone was trying to do fowl play and watching in order for timing it for maximum impact there could have been only one person in IT who would have been within visual range in both of these incidents.

Back in the May 05th incident I had written to bossman (see email below) suspecting someone was purposefully causing a loop in the network, but at the time I had suspected Patrick or Andy, and didn't really think about Phillip. Now that Patrick and Andy are both gone, process of elimination narrows it down.

What alerted me to all of this was the fact that this evening I was trying to throttle certain ports just in cause it was due to some sort of overload and I think to start by putting a cap on Phillip's port, only to realize I don't know his computer name, mac address nor ip address. So I figured well I'll log into managed engine desktop central to find out, but strangely he is the only one who isn't registered on there... then I remembered I had exported a completed list back when I was using the KACE tool before the Managed Engine stuff and shocked to realize Phillip wasn't on that list either...

It just seems odd that he is the only one in IT who doesn't have a digital trail. Bossman took away his domain admin rights long ago so why is his machine/user not on any of the inventory systems?

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Dear Mr. Musgrave:

When Macik took me to lunch in his jeep the other day, he advised that several weeks ago you had invited him out to lunch. He stated that you told him that "as a friend" (and not as his boss or employer) that it would be in this own best interest that he should start looking for another job.

He stated the two jobs that he interviewed for -- both IT Director gigs -- did not nearly pay as much as his current salary at LoneStar, even though in his last performance review you had dinged him and didn't give him any pay raise for this year.

I have worked at many IT jobs and seen all kinds of office politics and shenanigans that you wouldn't even believe, so whatever happens at Lonestar is very pale compared to that. Nonetheless, I would like to think that I am sharing this with you not in the official contractor/employer relationship or dynamic but more so from the perspective that in this modern age no one really even truly "works" anymore and its all more or less a game of musical chairs and occupying seats and passing the hot potato to someone else. I talked about the "end of work" at some length in my essay entitled "Judge a man by the beauty of his woman" which is also published on my personal website here : https://bochen.ch/

Today at lunch I overheard Macik plotting with Phillip Knox yet once again about potentially taking their collective grievances up to Daseke Inc. and bypassing both yourself and Mr. Tex Robbins. Apparently, neither of them got the memo which they had to digitally sign and return to HR this week, in which under Chapter 7 in the "GRIEVANCES - PROBLEM-SOLVING PROCEDURES" subsection, there is indicated that the LoneStar Human Resource Department and the LoneStar Vice President and President are the sole and absolute remedy available to employees to resolve disputes during the course of employment.

Patrick was unhappy that the Lenovo meeting this Wednesday didn't include him and only had Rudy forwarded on it; he wasn't pleased that you assigned the Rand thing to me and completely kept him out of the loop; apparently he found out about the RADIUS/2FA thing and wondered again why you hadn't gone to him first about it etc... and in general he told Phillip (who was more than happy to edge him on... that little brown nosing weasel...) that he you have taken him off more and more projects and keeping him out of the loop on more and more things and he feels that is he being pushed out.

One would think that Rudy having been in the US Army for decades and now applying for a Top Secret clearance for his new position would have learned something about not going against "Commander's Intent" even if you had not explicitly forbade him from disclosing to Macik that Macik's e-mail communications were being wiretapped. Assuming Macik's disclosure was factual and true, and had Rudy done what he did in the military, that would have been a bona fide UCMJ violation...

I recall that I told you the very first time we ate at the Shady Oak BBQ restaurant that I have no intent nor desire of ever going into management or otherwise having to manage people in the future. Having said that, if I were to put myself in your position and objectively assess the situation without being influenced by other factors, I would think that it would be more prudent to walk the tightrope with more nuanced finesse.

To that end, this may not be the right time to get rid of Macik. I think I've proven that my original assessment is correct that Macik is never going to leave on his own. But more than that, I think -- and the CIA has a term for this called 'blowback' of unintended consequences during foreign intervention and regime changes etc -- for your own personal benefit getting rid of Macik may not be the overall best thing to do at this point in time.

If I were you I might think about calling Macik to a one-on-one meeting tomorrow and giving him certain reassurances so the situation doesn't escalate. And then have a separate meeting with the rest of the guys letting them know that you have their backs and no one is getting canned, etc. None of the guys are loyal and no one has your back.

Firing Macik might push them collectively over the edge and pass the inflection threshold, and since its obvious none of them can find a higher paying job, then this becomes a problem for you that isn't going to ever go away. Four-on-one puts you in a losing proposition even if you are the IT Director and have the support of Tex.

As previously stated, I'm more than happy to continue to work at LoneStar under any capacity for as long as you and the company still desires. And all else being equal I feel that I could make the most impact by staying until the end of the "data center" migration/upgrade, if that can get underway soon. However, I'm assessing that at this point in time, at this junction, getting rid of Macik might be counterproductive for you. Long term of course you should get rid of Macik and Knox both, but the timing and circumstances has to be right.

I'm always careful to follow the letter of the law, and therefore Texas Penal Code Section 16.02 states in relevant part that (c)(4)(A) any person who is a party to the communication not acting under color of law intercepts a wire, oral, or electronic communication is barred from prosecution and in fact has an affirmative defense.

Similarly, this is consistent with and comports with US Federal law under 18 U.S. Code 2511. Additionally, in Katz v. United States the US Supreme Court held that there is no reasonable expectation of privacy in public places such as restaurants and other public locations. Lastly, the LoneStar policy manual only forbids publication of recordings to the Internet and states nothing of directing such to LoneStar management under the narrowly tailored purpose where the probative value of evidence exceeds its prejudicial effect.

Lastly, I'm cognizant that in the real world there are always budget constraints and you had been very transparent and forthcoming with me from the beginning that Mr. Robbins had only allocated at that time approximately three or so months or so towards a network/sys admin contractor.

Having advised to you that getting rid of Macik at this juncture may not be the best course of action for your own posture and tenure/longevity at LoneStar, I would indeed very much appreciate it if in the future you would be willing to give me a positive reference if ever called upon for one at anytime. I would not ask you to state that I'm smart or technical but I hope you would say that I've proven myself to be loyal to the hiring manager, etc.

And if you know of any attractive women who could potentially be up for a free international trip later this year and could give me a positive referral/reference that would be very much appreciated as well!

Happy Valentines Day!

Bo Chen

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I am a business owner and have learned to not only perform thorough background checks on potential employees, but to also do more in-depth research. BO CHEN is a prime example of why we should properly vet all potential job candidates. Especially if they will be handling critical IT.

I have read all of BO CHEN'S writings from this Rip-Off Report that he has initiated and from several other Rip-Off reports on former companies he was fired from. They show a very clear PATTERN of unprofessionalism and potential mental instability.

 I've seen BO CHEN'S attachments of text screenshots from private conversations with other employees and letters to BO CHEN'S superiors where he's meddling in EVERYONE'S business, both professional and private, and passing it from one co-worker to another.  I am appalled at the level of unprofessionalism they BO CHEN displays!  

I can also see that BO CHEN uses multiple aka (Bob, Bobby, etc.) and it appears he writes in the 3rd person or tries to make it sound like someone else besides himself is writing.  I have done my homework and have seen the pics that he admits to sending to his co-workers  Bo Chen not only sent pics of his armpit, but he also sent pics of his p***s with leisons on it!  It also appears that BO CHEN is asking his boss to find him an "attractive girl" to be with.  

I can see in BO CHEN'S writings, and hear in BO CHEN'S posts of his secret recordings of his boss and co-workers that he is subordinate and argumentative and has somehow been able to retrieve sensitive information about his co-workers (family information, salaries, etc.)

 It's pretty evident that BO CHEN has an agenda, to gather as much private, critical, and sensitive information on as many people in the company as he can to try and creative a hostile work environment for himself and everyone around him.  BO CHEN even gives himself the nickname "Chinaman" all the while screaming racism with NO EVIDENCE of racism and NO EVIDENCE of reporting it to HR or any of his superiors.

Clearly, BO CHEN IS A SECURITY RISK!  It doesn't matter whether there are signs posted, or not posted, legal or otherwise, BO CHEN has proven multiple times over that he has no problem creeping around in your company like a SPY and a MOLE, gathering information to used for "free money" or potential lawsuits.

David Musgrave knew I was making voice recordings because I was actively sending him those recordings and he never once objected nor told me to put a stop to the practice... Rudy also knew I was making voice recordings and so did Nick Gorney, because I was sending them audio clips all the time.....

In addition, no recordings were publish online until weeks after I was terminated without Cause by Musgrave, and even then only after I had first discovered the Lonestar stole from my final wages and after first I contacted Daseke about it but to no avail.

https://i.imgur.com/bqsrneO.png

https://i.imgur.com/sR6Xr6q.png

https://archive.org/details/davidmusgrave_appeal_screenshot_evidences

This is how David Musgrave throws loyal ex-employees like Patrick Macik under the bus and wrongfully accuse them of hacking / backdoors or being ""security threats""...

Matrix Res Staffing pitched Lonestar network admin position under knowingly false pretenses

https://soundcloud.com/user-306646348/matrix-pitch

Musgrave throws Patrick Macik under the bus and accuses him of hacking backdoors...

https://soundcloud.com/user-306646348/this-is-how-david-musgrave-throws-loyal-ex-employees-like-patrick-macik-under-the-bus-and-wrongly-accuse-them-of-hacking-backdoors

Musgrave throws people under bus for his own Nutanix decision

https://soundcloud.com/user-306646348/musgrave-throws-people-under-bus-for-his-own-nutanix-decision

Rudy knew EXACTLY what was going on because I told him everything....

https://soundcloud.com/user-306646348/rudy-knew-exactly-what-was-going-on-because-i-told-him-everything

Musgrave gives preferential treatment to white employees while screwing over the Chinaman

https://soundcloud.com/user-306646348/musgrave-gives-preferential-treatment-to-white-employees-while-screwing-over-the-chinaman

Offer to reduce wages from $90k to $65k and to accept unemployment in order to save Patrick's network job...

Dear Mr. Musgrave:

Last Friday (March 15) LoneStar HR dropped by my desk and handed me the benefits packet materials and advised that I had until March 22nd to submit paperwork. I recall having made the offer of bringing me on as 1099 / IC at $38/hr and letting me worry about my own taxes the next year in 2020. That would certainly have been cheaper rate for the company and less overhead and more flexibility. That offer still stands.

 Now that I’m hired on full-time, in the eyes of the Texas Workforce Commission and Federal governmental EEOC I’m on the same footing as Macik, although in the state of Texas that is still the “at-will” employment relationship. Suffice it to say, my prediction is that Macik is never going to be inclined to voluntarily leave LoneStar on his own, and when/if push comes to shove, he will seek for unemployment benefits and want the full six months’ worth of benefit monies (approx. $13k).

Therefore under equal application of rule of law, I would certainly be entitled to the same unemployment rights and benefits even if I had only worked at LoneStar as a full-time exempt employee for only one single day.

 Since you have mentioned the April 30 date being the end or deadline/budget constraint for having two workers for essentially the one same position, and because it is clear Macik would very much like to preserve his position and has no intent to go anywhere else, I have expressed to you in the past and continue to express the notion and option of LoneStar giving me the unemployment benefits (or rather, not contesting it with the Texas Workforce Commission, since it is the TWC that pays the benefits, not the company itself). Certainty, if you were to let Patrick go, that would cost the company a whole lot more in terms of paying the guy out, he also expressed to me he was going to ask for a large severance payment.

 I think most people have in their minds a “bottom number” that they consider non-negotiable that they would immediately be unwilling to go below, etc. Because everyone is different and their life situation and personal philosophies differ, there could be a large variation even for the same or similar roles, titles or positions.

For me, I’m just currently taking it one year at a time, and I believe I had expressed to you on several occasions that my goal in 2019 is just to find an attractive woman to go on overseas vacation with towards the latter/bottom half of this year. While I’ve developed some unexpected health issues, the goal itself hasn’t changed.

Therefore, in the context of the limited scope and domain of the remainder of the year 2019, my lowest number that I have in mind for this year is actually $65k. (Being that I live with my parents and all, $65k is the lowest number that I could still reasonably save up enough money to go on expensive vacation for two weeks with a hot girl towards the end of the year, plus it’s also at the threshold where anything below that I could just easily find another IT job right in the Arlington area without having to even drive to Fort Worth, -- and I HATE driving -- so that is how I quantified that number).

I realized originally you were prepared to offer a candidate around $90k for the position, by bringing it down to $65k-$70k (at least initially for the first year etc) this could in theory be used to retain Macik for an additional two months ($10k a month for 12 months in a year, but if you are telling me the dude is making more than $120k then that is just crazy nuts bat s**t stupid for the company to be paying him that much money) to almost July 1st.

               This would give you the additional latitude and extra time to make a more informed decision of whether or not you would like to offer Macik or myself the unemployment benefits, or whether or not you would still like to keep myself and/or Macik on board, independent of each other, or of anything or anyone else.

If you would like to have an official discussion about this feel free to let me know, otherwise I won’t ever bring this up again. Now that the Lenovo dates are firmly set, I thought that I was in a position to express to you my final perspective/thoughts on all of this.

For the record, although it is true that all else being equal ideally I wouldn’t want to take anyone’s job, I do know that if the situation was reversed Macik would not bat an eyelash about screwing you out of your job, it’s just that with all the positioning you have already done (Radius, PRTG, Lenovo, Nutanix, KeePass, VPN/2FA, bring on a contractor(s), etc etc etc) he is effectively neutered and is much less in a position to screw you out of a job even if he wanted to do so… In his mind he still thinks he should be the IT Director at LoneStar but now almost all of the leverage is gone.    

Lastly, and long story short, I wrote to the prosecutor and he is amenable to me paying the $250 fine in lieu of retrial in April. With all the terrible health issues I’ve been forced to face lately, I’ve honestly lost the original appetite I had with regards to representing myself in a speeding ticket re-trial. Since I’ve already submitted PTO for April 11th, this can either be swapped or used against any other earlier date.

I realize since I haven’t worked at LoneStar as employee long enough yet to have accrued any actual usable PTO, that by bringing the PTO day forwards from April 11th to March, that this would come out of my paycheck as a deduction, which I’m perfectly aware of and fine with payroll making the deduction for the PTO.

My father’s birthday is tomorrow (March 18th 2019) and honestly he is just waiting for Alcon Labs to fire him so he can get his severance and package and go on permanent vacation and enjoy retirement life. My parents are set for another overseas vacation/cruise next week so it will just be myself home alone with our cat Tutu.

As we begin to enter into April and especially as we start to approach mid-April I realize things will dramatically start to accelerate and ramp-up, so I thought while things were still relatively slower and there is still the bandwidth, I would swap the already-entered-in-the-system April 11th PTO date with a date of March 18th 2019. I’ll re-submit the digitally signed PTO pdf form format officially using my LoneStar-llc.com email address.

Very Sincerely,

Bo Chen

Sunday, March 17, 2019

No anti-recording policy was implemented until two days after post-termination event ..... in fact, on the afternoon of Wednesday 27th 2019 around 4PM local, merely an hour or so before everyone was scheduled to leave work to celebrate the upcoming Thanksgiving holidays, the Rudy went into Bo's office, and with Amy overhearing everything, even joked about voice recording him about promising to lose weight and never eating lunch again, etc. In fact Rudy was even using the DJI Osmo recorders I gave him and the Anker ROAV recorder as well.

See text message proof below:

https://i.imgur.com/0HaJkV5.jpg

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David Musgrave knew ahead of time about all the recordings, and so did Rudy as well. Neither Musgrave nor anyone else at the company ever advised to Bo to stop or cease the recordings. Per the Texas Penal Code it is entirely lawful to record a conversation where there is just one-party consent.

When Bo shared with Patrick the fact that he had been recording, even Patrick pointed out the fact that in Texas this was protected by the law. In addition, the company had no verbal or written policy that forbade the use of recording.

There were also no clear or conspicuous signage that forbade the use of recording on company premise, but there were signs that forbad the carrying of weapons, even though some employee's at Lonestar like to brag about having Glocks and not afraid of using them if they got rubbed the wrong way or "took the wrong meds"...

When it became apparent that David Musgrave was going to terminate Patrick Macik and install Bo in his place, Bo went to Musgrave and offered a compromise, not wanting Patrick to lose his job he repeatedly offered Musgrave the alternative option of keeping Patrick on and giving Bo unemployment benefits (or at least not contesting the "good cause" to resign in relation to work) but Musgrave declined and stated if Bo didn't want to take Patrick's job he would fire them both and bring in a new contractor who would do it.

Then again, when it became clear that Schilli IT was going to have to merge with Lonestar IT and that Schilli IT for all intents and purposes was going away, Chen knew that Lonestar could not afford two people doing the same job and approached David Musgrave and offered his office (or what used to be Patricks office) to Nick Gorney (Schilli IT manager) with the understanding that the Lonestar would agree not to contest unemployment benefits or at the very least not contest the "good cause" to resign in relation to work dynamics, etc.

Since David Musgrave took Rudy out to lunches and told Rudy to tell Patrick his days were numbered, and thus making Rudy the defacto back channel middle man, Bo had went to Rudy and Patrick before Patrick's firing and Bo offered to go to upper management together with Patrick and Rudy and to go above Musgrave and directly have a talk with Tex/Daseke in order to attempt to save Patrick's job and Bo would bow out with unemployment which is peanut money compared to the $90k that he was given and the voluntarily wage reduction of $10,000.00 USD.

Patrick never took Bo on this offer. However later he would and did assist Bo in drafting the letter that was sent to Daseke that caused Musgrave to get hopping mad and in turn terminate Bo on the same day, without cause, and then retroactively deducted three paid days already earned and accrued.

No materials were published publicly until Bo realized in his final paycheck the Lonestar cheated him out of at least three full days of pay, and then wrote to Don Daseke to advise him, and finally having received no correction had no other choice than to contact the Texas Workforce Commission, EEOC, and to voice these outrages publicly.

Initially when David Musgrave offered Bo a starting salary of $90k (also voice recorded) it was Bo whom tried to talk him down to the $70k to $77k range, eventually with Musgrave settling on re-offering him instead $80k. Being transparent and telling your employer you don't want to get overpaid, and conceding not once but twice in letting others (Patrick Macik, Nick Gorney) have your position could hardly be misconstrued as ""go[ing] through the back door" and "go after companies""...

During the period in which Patrick was about to be fired and leading up to these weeks, Phillip Knox and Terry White were extremely racists against Bo to the point where even when Bo was still sitting in the Accounting department open cubicles he could clearly hear Phillip's nasty remarks and racists comments. Bo wrote of these incidents as they occurred to Musgrave and Musgrave knew and read then but never talked to Bo about it and never went to HR or the upper management about it.

David Musgrave lied to Bo from day one, he lied to the rest of his team about the true reason why he brought Bo on board. It wasn't until the first day after he had already started work that David Musgrave sat Bo down in his office, closed the doors, and told him that the real reason he was hired on was to replace Patrick Macik.

The Matrix recruiters had told Bo that he was being hired as an addition to bring more skill to the team. This put Bo in an uncomfortable position, not to mention everyone at the company already harbored anti-Chinese sentiment, pro-Trump, MAGA Hats wearers and all felt that the "Chinaman" was brought in to steal White American jobs...

Then the Schilli thing happened, Nick Gorney became a thorn on Musgrave's side (Musgrave perceived Nick to be a threat to his own job security much the same way he felt about Patrick) and now Musgrave was going to pit Bo into the exact same situation all over again. Bo went to Musgrave repeatedly to offer his chair to Gorney, to be the better man, and let Gorney (whom worked for 15 years at Schilli and had a wife who just got laid off by Schilli acquisition and four other kids to feed) keep his job by moving in to Patrick's old office in Dallas. Bo said this was a "win win" for all, but Musgrave rejected the offered stating that it was a win for everybody "except for himself"

Bo have sent no "nude pictures" to anyone, Bo had medically developed a case of very bad balanitis and later a fungus infect causing a hole in his armpit, he went to CVS and other doctors to get it looked at but due to the number of unpaid days he had to take off for these incidents he copied his manager Musgrave and his coworkers on some medical photos that documented the validity of good cause to be away from work, just in case there were false allegations made that Bo wasn't really ill.

The nickname "Bossman" wasn't coined by Bo, infact it was coined by his predecessor the Patrick Macik and used also by Rudy, Bo merely adopted the nickname and went with it.

And for the record, "free money" was a tongue-in-check term alluding to the central theme of the Andrew Yang campaign. Ironic that you would accuse Bo of taking things out of content when you of all people should know that it was Phillip and Terry who were racists against Presidential Candidate Andrew Yang, with Terry stating that Yang was a lunatic that needed to go back to school and go back home to where he came from, and Phillip stating that the only people who might vote for Yang are his Chinese cousins and immediate family.

For the record, asking the Texas WorkForce Commission to accept the fact that Bo had suffered harm and was put in a position of being subjected to hostile workplace environment (largely due to the actions of David Musgrave) and thus had "good cause" in connection with the work to resign or quit and still receive unemployment is not in any way to be misconstrued as "going "go through the back door" or "go after companies" or is presenting the facts somehow "filing false reports". It is ultimately up to the TWC to determine whether or not they agree with that interpretation and whether or not Bo is owed unemployment, not the company nor its managers.

Employment attorney's often craft briefs in order to present the interest of their clients in the best possible light, by Bo emphasizing that he was presenting his position in the best way possible to fight for his interests and preserve his rights he is only doing what any reasonable person would do in the pursuit of justice.

You tell me, if Bo's intent was to scam the company for unemployment (which caps out around $13,000) why would he voluntarily tell the company to give him a lower offer of $77k when he was indeed offered $90k? Why would he, not once, but indeed twice, go to his manager to say that he felt bad about his coworkers losing their jobs (Patrick Macik, Nick Gorney) and knowing the budget of the company would only allow one person in that seat at any one time, proactively and repeatedly offered his chair/office so that other members on the team could keep their own livelihoods?

Bo has done nothing but placate and conceded, and yet when he was finally constructive discharged in a hostile workplace environment the very least the company could do is pay him his complete final wages on the way out – as every company is legally required to do. Not only was Bo cheated on his final pay by Musgrave retroactively deducting three days of wages, not only did the company contest his unemployment with the state, but in addition the company terminated him minutes after receiving his email reporting Musgrave's wrongdoings, (indeed an adverstiment was publicly posted on the Internet by the same Matrix staffing agency seeking Bo's replacement on the same day Bo sent the letter criticizing Musgrave), and he wasn't paid for the two weeks’ notice that he had given. If the intent was to game the system and get unemployment, why would Bo from the very beginning knowingly and willingly give up $13,000+ of salary, and twice offer his well-paid job to others on the team, just for what?

So that he might win a measly unemployment? This makes no logical sense and doesn’t even pass the smell test. What is much more likely is Bo is a nice guy who also has a backbone and fights for his rights, he spent more than $2500 fighting a speeding ticket that costs only $251, representing himself in trial and during appeals, if it was only momentarily calculation it would have been much cheaper to just pay the fine.

Bo has every right to fight for justice and fight for what is owed to him by the company. To misconstrue this as somehow a “security risk” or “going after the company” etc etc etc is nothing more than imposing a “chilling effect” on free speech and also announcing to the world that Lonestar and their managers and employees can do whatever it wants and won’t be held responsible or accountable.

As a consumer and business owner, I would certainly think twice about hiring someone (especially in my IT department) who has no problem secretly recording employees and publicly posting sensitive corporate information or handling anything that would compromise the security of my systems and corporation. He has gone on record stating that he "is not afraid of being sued".   

Bo Chen posts and also brags about "carefully crafting" just the right letter to get him "maximum unemployment" benefits from unsuspecting companies that hire him after he has timed his departure just right. 

He has no problem lying about being racially profiled in a company.  He also befriends other employees and coworkers for the sole purpose of using them to fulfill his agenda for getting unemployment which he calls "free money".  He traps them into conversations with him which they believe to be confidential and uses it against them when it suits him. Often taking bits and pieces out of context to create a false narrative. 

He brags bout being able to "go through the back door" and "go after companies". 

Fact 1. David Musgrave IS NOT a felon and has no felony record.  Where is your proof?

Fact 2. I've read every word of your postings and listened to your recordings that you secretly recorded from the first day you were hired. I find it very strange that you would sneak around and secretly record, and take pictures of ALL employees you came in contact with at Lone Star in the office and while having lunch with your co-workers trying to trap and coerce them in to saying anytin that might fit your agenda.

Then cherry pick bits of the conversations out of context to fit your narrative and pre-meditated agenda. This agenda being to get free money by falsely accusing the company and individuals of racism.   I've not yet read any document where you've nor heard any of your secret recordings where there was any form of racism or where you actually reported to any of your superiors or HR at Lone Star that you felt abused, used, or mistreated in any way.  

Question: you said you reported all of the racism to upper management. Why didn't you record any of those conversations?  Why didn't you send written complaints?

Fact 3. By your own admission in your text conversations with employees of Lone Star, you have filed false reports in the past to get "free money". 

Fact 4. I have personally seen the nude pictures of yourself that you sent via text to Lone Star employees and I've read hundreds of texts that you've sent ranting on and on about various governments with your warnings and messages of peril and negative opinions.

 I find it appalling and ironic that you have derogatory nicknames for your superiors ("bossman") yet claim and falsely quote derogatory nicknames and statements in your reports.

Fact 5.  It appears to me that you are blatantly committing defamation of character which can easily be proven in a court of law 

From the very beginning Mr. Musgrave hired me on with knowingly and provably false pretenses, and did not disclose these false pretenses to me until after I started working at Lonestar. He then intentionally lied to the rest of his team/company with regards to his actual motive of my hiring, and also coerced me to cover up for him in support of his intentionally false narratives.

I submit to you that these actions were not done to my benefit but for the sole benefit of himself. He wanted a token Asian sort of 'Uncle Yang' that he could control and manipulate and he thought by offering $90k for what amounted to a $65k job (the Lonestar network never had any routing protocols to administrate, no VLANs, etc) that he could not only buy my silence and loyalty but also pit me into a discriminatory environment that he himself fostered just for the purpose of keeping me on a tight lease and to maintain unethical leverage and control over me in order to compel me to do his bidding of helping him fire other individuals in the company such as Patrick Macik and Phillip Knox, and to retain "plausible-deniability" for himself so that after I became less useful to him he would be able to conveniently throw me under the bus relying on the preestablished heavy anti-Chinese sentiment in the Lonestar trucking company.

After the previous Vice President of IT the Mr. Pete Trotsky retired, the Lonestar company decided to get rid of the VP/CIO position in favor of reducing it to a IT Director role. This reduction meant that Musgrave, unlike his predecessor Pete Trotsky, would not be offered to sign 5 year lucrative contacts with the company and would instead be employed "at will" like everyone else.

Mr. Musgrave was the newcomer to the very established and tenured IT team, having held the reigns for only a few months unsupervised by Pete before making his first hire (myself) while the rest of the IT team had seniority of 12 years, 14 years, 20 years and 26 years... Musgrave felt that Patrick Macik (network administrator with the company for 14 years) was a threat to his own job security and that given the network administrator was the highest ranking position (essentially the right hand man or second chair) second only to the IT Director, he wanted to get rid of Macik to cover up his own technical inabilities and incompetencies and to bring in someone new that he could then more easily manipulate and control.

By hiring a token Asian into the position of Network Administrator Musgrave knew he would never have to worry about the “Chinaman” taking over his job because he stated the owner Tex Robbins would only allow white guys to such high positions at the company.

Many of Musgrave's actions when seen in the totality of full context of the bigger picture could be permissibly inferred as attempts to "Divide and Conquer" and to pit each team member against one another for example by offering raises with the quid quo pro of pledges of personal loyalty, by taking each team member individually to paid lunches one at a time and disclosing negative things about other team members to get them to distrust one another or to fight amongst themselves, and by abusing his managerial powers to write team members up to HR when there was no just cause and when these arbitrary and capricious acts were accompanied by ulterior and much more diabolical motives.

Musgrave would often become extremely angry whenever any of the IT members would even talk or discuss anything with anyone in the company other than himself, he effectively forced an embargo of communication in which everything had to go through himself, and did not tolerate any deviation and viewed anything else than absolute unquestioned loyalty as acts of insubordination.

Musgrave held this sort of leverage to keep everyone in 'check' and this combination of questionable behavior was so that he could retain power, and to mask and cover up for the fact that he was extremely insecure due to incompetence (Musgrave was a project manager and never served in CIO or IT Director roles) and to compensate for his total and complete lack of any and all technical skills (couldn't even log into his own laptop at times and had to call Rudy to fix it for him remotely).

Due in part to Musgrave's intentional deceptions and Musgrave's fostering of a manipulative and hostile work environment in which each team member was structurally pitted against one another by Musgrave's design; I, being the only Chinese American at the entire company, was repeatedly and constantly subjected to a plethora of unlawfully racists and discriminatory acts by others in the company, and indeed even by those in my very same IT department.

And during the course of my employment these discriminations often intensified instead of abating. When I reported these things to Musgrave he not only took no action, but essentially silenced me and forbade me to disclose this to anyone else nor to go above him. Musgrave took no actions to correct the situation and in fact intentionally made it worse by continuing to actively harbor and protect those who he knew to have committed these racists and discriminatory acts and by continuing to create these sort of adversarial environments in which he benefits by sowing divisiveness into the members of the team often at the expense of subjecting me to unlawful discrimination.

While pitting one another against each other is typically an interdepartmental dynamic or simple office politics, but when Musgrave new of these racists acts and other discriminatory acts being inflicted upon me based on race, color, national origin, etc and still did absolutely nothing then it rose to the level and threshold of violation of employment discrimination as it pertains to the Texas Civil Rights Division and the Federal EEOC.

When I reported all of this to the upper management at Lonestar LLC and the upper management at Daseke Inc I was immediately terminated without Cause without anyone first reaching out to get clarification or to have any sort of discussion or communication.

EEOC and Texas Civil Rights filing of charges against David Musgrave, Lonestar LLC, Daseke Inc

https://www.scribd.com/document/440582441/EEOC-and-Texas-Civil-Rights-filing-of-charges-against-David-Musgrave-Lonestar-LLC-Daseke-Inc

https://archive.org/details/eeoc_lonestar

https://ia601406.us.archive.org/33/items/eeoc_lonestar/EEOC.pdf

To Whom It May Concern at the Texas WorkForce Commission:

I have worked in the IT industry for since around 2005. I have lived in the Arlington, Texas area for the past 15 years. Most of my IT positions have traditionally been located in the north Dallas area.

During early November 2018 I started looking for a new position that had a closer commute and applied to the "Network administrator" position at Lonestar LLC (of which Daseke Inc is the parent company) posted on Dice.com and Indeed.com by the "Matrix Res" staffing and recruiting firm.

The Matrix recruiter, Mr. John Gruebmeyer, stated to me that he had a previous established relationship with the hiring manager, the Lonestar IT Director Mr. David Musgrave, and that together they were looking for an addition to enhance the skillset of their existing four-member IT/MIS team.

I was invited to a lunch interview in which Mr. David Musgrave asked me no technical questions, only stating that he is looking for someone who could be able to start as soon as possible. Later that week I was asked if I could start immediately, in fact they wanted me to start the following Tuesday November 27th 2018. So I took a chance and left my previous IT position without even giving the standard two weeks' notice.

On my first day of work at Lonestar LLC Mr. Musgrave sat me down in private inside his office, and with the door closed shut he revealed to me that the real reason he had hired me on was because he wanted to get rid of the existing Network Administrator (Patrick Macik) whom had at that point already been with the company for approximately 13 years.

He stated he had not told his team about this and that he wanted his team to believe that I was merely brought on as a contractor to help out with some short term projects and other side work for an undetermined period of time. He also said that I would need to play along and essentially help him hide the truth from the rest of the team/company.

He sat me in an open cubicle in the Accounting department area as opposed to near the offices occupied by IT/MIS department. The first day I started Mr. Musgrave mentioned that Patrick was "very temperamental" and established that he was a hostile person to work with and to be very suspicious of Patrick potentially sabotaging the company network. Patrick Macik was responsible for both the systems administration and the network administration at the company.   

The IT department at Lonestar consisted of a small handful of very tenured/senior individuals with the exception of myself and Mr. Musgrave. When the longstanding Pete Trotsky retired as the previous IT Director, the company brought on Mr. David Musgrave to fulfill that role in or around late 2017.

Terry White was a helpdesk guy who did a little bit of work on the AS400 mainframe side, and had been with the company since the beginning, he had a 27-year tenure and was a member of the "good old boys" and personal buddies with the Lonestar owner /CEO Mr. Tex Robbins. Phillip Knox was a AS400 programmer whom had also been with the company for a long time, approximately 12 years.

Patrick Macik was the resident Network administrator who also did application support and systems administration, and he had a 14-year tenure. Finally, there was a more senior desktop/helpdesk person called Rudy Arredondo whom also had a long 20-year tenure with the company, and in addition to doing helpdesk he was tasked with doing security, backups and tapes.

At around the 3-month mark in early March Mr. Musgrave sat me down and offered me $90k a year to take over Patrick Macik's position. He stated that if I didn't accept the offer that he would get rid of me and bring in another contractor who would be more than happy to steal Patrick's job.

I told him that I felt uncomfortable about the huge pay raise because he knew I had only been making $67k at my previous position. He seemed to have wanted to buy my silence and loyalty. I told him I did not feel my skills were technical enough to accept $90k and that I would be happy to accept anything in the $70k to $77k range in terms of compensation. A day or two later he had HR type up an offer of $80k and asked me to sign it. I was officially hired on by the company on Friday March, 1st 2019.

I was converted to a full-time employee on March 1st 2019. Soon after I noticed the workplace hostilities dramatically escalated. All of the very tenured team members felt like this new IT Director was making changes for the sake of change, the consensus and sentiment amongst the MIS team and that of the rest of the company at large is that Musgrave was and still is changing out systems just in order to put his stamp on everything even to the detriment of the stability and reliability of the business as a whole.

The other tenured team members also strongly suspected (correctly, as it so turns out) that he hired on a contractor (myself) to replace one or more of them. Furthermore, since I was forbidden to give them full disclosure they grew even more suspicious and distrustful of me and it created a huge rift and uncomfortable and even adversarial working dynamic. It was very much a them vs me sort of interaction. As this was a predominantly white trucking company in a deep south red state many of the hostile remarks and actions taken against me were laced with racisms.

Almost everyone at the company was a "MAGA hat" wearer and many in the IT department, including Terry White and Phillip Knox, -- and even Patrick Macik while he was still there --, had redirected a good part of their dissatisfaction of Director Musgrave towards me, since I was now the new "chinaman" hired on to steal White American jobs.

As Director Musgrave reassigned more and more projects and tasks from Patrick Macik and gave them over to me, Patrick started to get more vocal and had talks with Phillip and Terry about the fact that he thought Musgrave's ultimate intent was to get rid of him and install me as his replacement.

They all voiced their opinions amongst themselves that using a Chinese person for such a critical role wasn't a prudent move on the IT Director. Mr. Musgrave decided to keep Patrick on until the completion of the Nutanix/Lenovo "hyperconverged" infrastructure migration, and disclosed to me that he intended to cut Patrick the moment the Nutanix migration completed.

In around the middle of May 2019 Mr. Musgrave directly involved me in the termination of Patrick Macik. He stated that Patrick would be terminated on Wednesday May 15th 2019 and he needed me to be the one to terminate and cut all of his access on a specific time that he would later designate to me that same morning.

He told no other IT team members about any of this and did not disclose nor involve any other person. On that fateful morning he instructed me to work from home (using VPN) and to be on active 'standby' for his text message to give the green light to cut all of Patrick Macik's network and systems etc access at precisely the moment Patrick was called into HR office to process his termination paperwork. Musgrave instructed me to also remotely wiped Patrick's personal phone and other tablets and belongings.

After Mr. Musgrave had me personally terminate Patrick Macik and wipe his phone, he then instructed me to occupy the old office that had traditionally been held by Patrick. Since the rest of the IT team knew Musgrave had zero IT technical skills, and since I was told to move into Patrick's old office days after he was terminated, everyone was able to put two and two together and concluded that I had in fact "stolen" their beloved Patrick Macik's networking job.

They felt that I had lied to them about the true reason why I was brought onboard from the very beginning and held this against me. Terry White started becoming more overtly racists, this was during the peak intensity of Trump's trade war with China, and Mr. White stated that like the "Chinaman" Andrew Yang (US Presidential Candidate who happens to be Chinese) that I too was a lunatic and needed to go back to school and also to go back to where I came from, etc.

I have always felt that Terry White has been extremely antagonistic towards me since day one. Understandably they view me as an outsider both in terms of seniority/tenure and the fact that given my ethnicity it is a stark juxtaposition to the rest of the demographics of the company.

Terry took it very personally as he also felt that I was directly responsible for screwing their beloved Patrick Macik out of his network job. Mr. White has often bent over backwards to intentionally make the workplace hostile for me and does not even attempt to hide his pervasive racisms.

Phillip Knox accused me of being a Chinese spy simply because he noticed that I used a Huawei phone, and this was also during the timeframe in which Trump was making a big deal out of the Huawei 5G geopolitical issue, and Phillip remarked that anyone who uses a Huawei device was an enemy of the United States of America and should be rounded up into concentration camps.

When they found out I was flying a DJI drone during lunchtime at around the work area they also accused me of possibly collecting data for the ChiComs, etc. In some of the morning meetings, Musgrave himself would joke to the rest of the team saying: "don't worry he is not from China".

While it is true that I have a US passport and am a US citizen, I was indeed born in China. Later Knox stated that if I ever did anything that rubbed him the wrong way he had a Glock in his glovebox and that he wasn't afraid to use it. Often he would make extremely discriminatory remarks and then follow up by saying he was "just joking" or that "he took the wrong meds". I have all of this on voice recording and can provide the evidence if required.

When I felt the remarks and rhetoric was escalating past a certain acceptable threshold I had went to Mr. Musgrave to advise him of these incidents. He immediately told me that Terry White had the ear of Tex Robbins (Lonestar owner and CEO), Kristi Williams (CFO), and many other higher ups and that Mr. White was essentially "protected" since he had been with the company forever.

Then as for Phillip Knox, Musgrave merely laughed it off and joked that Phillip was so large and heavy that anyone can just outrun him if he did try anything like that.

It was around this period of time that Lonestar company under the direction of Daseke parent company had acquired another trucking company called Schilli. This created a new dynamic in which the two IT departments (Lonestar IT/MIS headed by David Musgrave and that of Schilli IT headed by IT Manager Nick Gorney) would have to merge and consolidate. Musgrave felt that Nick Gorney was a potential threat to his own job security (and even the combined IT departments had so little headcount that there couldn't possibly be a justification for two IT Managers or IT Directors etc) and took me out to lunch one day and attempted to enlist or recruit me to help him get rid of Gorney.

During the course of my employment Musgrave never took any of us in the MIS team out on group lunches but instead would take us out individually one at a time. Often it was strategically timed for when he would need a favor. One time, before Musgrave went on a three-week overseas vacation to visit his home and family in South Africa, he had took me to lunch and handed me a bag of four or five personal computers.

He then instructed me to put unlicensed/pirated copies of Windows 10 operating system on all of the laptops, stating he was going to hand them out to family and friends during his trip back home. For everyone else he bought them free lunch with the corporate card, but I always insisted on paying for my own lunches and I noticed this caused him to be agitated.

At times it almost felt like he was trying to pit us against each other. Later it was discovered that he took Rudy and Terry out to lunch separately and told them to tell Patrick that his days are numbered. This had caused, unbeknownst to me at the time, all three of them to harbor even more resentment against me.

Musgrave also said he didn't have any "room" for Gorney, I offered to give Nick Gorney my office (previously occupied by my predecessor Patrick Macik) but Mr. Musgrave immediately shut down that idea. Musgrave's strategy to "deal" with Gorney is the same he deployed against Macik which is to contain and corner Patrick/Nick enough in hopes that they would get so feed up as to leave on their own without benefits.

The first time around I stood by and did nothing and said nothing and just played along, but I refused to remain silent for a second time. Unlike the situation with Macik in which there had already been previous incidents and "bad blood" between them, Mr. Nick Gorney started with a clean slate and did not deserve the sort of mistreatment that was enacted upon him by Musgrave.

At around the October timeline several different things all started converging at the same time. To make matters worse, he had already signed with GTT to do a complete network redesign, including a physical and logical overhaul of the company’s entire networking infrastructure from the top down. He also planned a physical move from the current data center to a new data center at the QTS location in late December 2019. There was also the goal to have the Lonestar/Schilli IT departments and IT systems completely integrated by the end of December.

Musgrave was also under extreme pressure to help the company pass the SOX audit and instructed me to basically give him misleading numbers that would satisfy the auditors and get them off his back. For one example, to avoid increased scrutiny he instructed me to give fraudulent start date to the auditors to make it easier on the SOX compliance process. 

Even on the existing infrastructure side things were starting to fall apart. Back in April/May timeframe Musgrave had went against the recommendation of both Patrick Macik and myself (we recommended the Dell VxRails solution) and instead decided to go with the Nutanix/Lenovo combination for the new infrastructure.

The day after the Nutanix migration was completed he fired Patrick Macik. Now, almost half a year later the Nutanix infrastructure was having severe issues, sometimes causing all the servers to restart and much data corruption and once costed the Accounting department a whole weeks’ worth of downtime and data loss. When he was here Patrick Macik had went on record to 'conscientiously object' the Lenovo/Nutanix solution and had very seriously recommended the Dell/ VxRail solution to Musgrave. As I was now the company's sole system administrator and also the lone network administrator, anything that went wrong, including the Nutanix stuff, was all blamed on me.

Musgrave was more than happy to throw me under the bus for things that I didn't even cause, things I wasn't responsible for, and things that I couldn't have possibly prevented. He knew this and stated he simply "didn't care". When I had had enough of this scapegoating I decided to write a long email outlining the many flaws and bugs in the Nutanix system and then I copied the CFO (Kristi Williams) on one such email.

Even though in the organizational chart Musgrave reported to the CEO Tex Robbins, in effect from a power dynamic perspective it was the CFO who was in charge of IT Director Musgrave. Immediately the following day on Tuesday November 5th 2019 I'm called into Musgrave's office and given a stern lecture on how if I ever went above him again on anything that I would regret it and that there would be no second chances. I apologized to Musgrave and assured him that I wouldn't go around or above him on anything ever again. I could see his entire face visible red and he was red hot mad.

Just merely a couple weeks later during our Performance evaluation meetings Mr. Musgrave told me he was going to put down "installing/configuring Nutanix" as my single most predominant contribution/accomplishment of the year. I felt this was extremely odd given the fact that he had kept Patrick Macik onboard precisely for utilizing him to implement the Nutanix migration and had in fact fired him the day after the migration was completely.

Patrick himself pointed out the fact that the Lenovo switches were having problems out of the box and wouldn't work correctly until a firmware update was applied to these brand new networking devices. Musgrave had also contracted with Lenovo professional services to assist with the Nutanix migration and in point of fact it was Patrick Macik working with Lenovo Professional Services in order to effectuate the migration.

I was not involved with this migration at all and was doing side lined projects at the time, so for him to make such a material misrepresentation especially when on the heels of the Nutanix blowup that recently occurred just felt like him trying to "CYA" for his own job security at the expense of intentionally throwing me under the bus when in fact I had little to no involvement with the implementation of Nutanix.

The following day, on November 21st 2019, I wrote him an official email stating some of my feedback and concerns surrounding the discussion that we had had on the performance evaluation feedback, he never truly acknowledged this email even after I asked if he received it (and he said he read it but hadn't had time to fully process it yet) but merely four days later on the morning of Monday November 25th 2019 he took me into his office and told me that he was writing me up to HR and asked me to sign the paperwork. Many in the team have felt that Musgrave abuses his managerial power and misuses his authority to "write people up" to HR in order to coerce, intimidate, retaliate and to gain leverage over the rest of his team.

The next day, on the morning of Tuesday November 26th 2019, I was two minutes late for our daily 9:30AM IT team meeting which he always held in his office. Musgrave started kicking and pounding at the wall to get my attention instead of emailing me, calling me or texting me or simply walking over the couple of feet from his office to mine to remind me that it was time for the meeting.

He also could have asked any one of the other three team members already in his office at the time to walk a few feet over and remind me that it was time for the meeting. I was caught up in responding to a long email and had merely lost track of time for a minute or two at the most. Our offices are adjacent and his desk is situated almost laterally to mine, which means if he pounds or kicks very hard on the wall to his left it will immediately vibrate over to the wall on my right hand side.

He expressed his dissatisfaction towards me in more than one way that morning, including making the crude remark of how my "high dollar Huawei phone" couldn't even set an accurate alarm etc. And during the end of this meeting he announced that the Schilli IT integration project was going much slower than expected and then told the team I was to be designated to fly to Schilli in Indiana in order to do the cleanup with their "Hippie" IT staff "in the nude".

Musgrave knew that I had planned an overseas vacation during the last week or so of the year, in late December, and in fact the entire team knew of this months in advance. Later that day I expressed my concerns and he retorted that he wouldn't approve another vacation for me this year and that since I had not lost my belly fat I wouldn't fit on the small economy airplane seats anyhow.

Musgrave told me to "clean up my office" by getting rid of some of the "personal s**t" that I had accumulated and to make the desk neat and tidy and only have the necessary work tools in my office. I noticed my name badge on the outside door of my office had mysteriously disappeared but didn't feel comfortable asking around to see if anyone knew what the heck was happening.

During the IT morning meeting on Wednesday November 27th 2019 Mr. Musgrave instructed me to work on the Exchange Mail server that evening from home (as the systems and network administrator I often had to perform work after hours by using VPN to connect to the company network remotely from home) and also that I was to remote back to the company by coming back on location/site on Friday November 29th 2019 to help assist with swapping out some of the system backup tapes (this task was typically outside of the purview of the network administrator and had traditionally been something handled by Rudy) and later that afternoon I had overheard him on the phone with Mr. John Gruebmeyer (the same Matrix Res recruiter that originally connected me with the Lonestar job) and apparently he wanted to put an ad in for a position.

On the morning of Friday November 29th 2019 I received several text messages on my phone reminding me to go back to the company campus in order to swap out the backup tapes. Rudy had been out of town to visit family over the Thanksgiving break and Musgrave himself had retorted that he didn't want to come back to work on Thursday and Friday.

Then a few days later over the Thanksgiving break weekend I had some spare time and started drafting a letter to upper management about the wrongdoings of Musgrave and intended to send these to the higher management folks at Lonestar and the parent company Daseke. I intended to present this letter to the aforementioned upper management on either Monday or Tuesday of the following week after the holiday break. During the process of drafting the letter I got in touch with Patrick Macik since it was to be his 44th birthday on Monday December 2nd 2019; that's when he told me that after more than six months of unemployment he was still out of work and couldn't land a corporate job. He also told me that he suspected Musgrave had been "blackballing" him by intentionally giving malicious managerial references. He stated that he had been on several dozen job interviews that went very well until at the stage in the process in which he used Musgrave as a managerial reference and then promptly never heard back from those prospects again. This was made all the more egregious given the well-known fact that it was Musgrave himself who went out of his way to encourage Macik to use him as a professional reference and affirmatively assured him he would give positive references. Musgrave offered this to Patrick while he was still employed during the course of his employment precisely as something that would help him in this transition and soften the blow and impact of job loss. When Patrick was canned in May, Musgrave assured the entire MIS team that the company retained Patrick on a per call or per hour consultant basis, but the several times myself and Rudy had suggested or recommended approval to reach out to Patrick I recall Musgrave stating that he wouldn't even call Patrick to trim his trees; and Musgrave seemed to be laughing at the fact that Macik had been reduced from senior network admin to doing odd gigs here and there such as tree cutting. Patrick Macik had advised me that more than six months after his termination he was still an unemployed single father. He has actually been on the job hunt for almost a year now, ever since Musgrave took him out to lunch last December 2018 to tell him his days at Lonestar were numbered and that it was time to move on. Patrick is barely scrapping by doing odd jobs here and there, like tutoring math or babysitting pets, cutting trees and mowing lawns; and when Musgrave terminated Patrick his disabled handicapped sister whom had just suffered a stroke in a near coma was also living under his roof. These days Patrick is surviving on borrowing from his own 401k and relying on financial support from his elderly parents. He says the 3 months package that Tex gave him under the table burned through too quickly and that he had to ReFi his mortgage just to keep above the water.

Since I had previously established a good working relationship and rapport with Mr. Nick Gorney (IT manager on the Schilli side in Indiana) and had previously been in touch with him outside of work, I had messaged him as well to get his take on my predicament. He advised that if I were to send such a letter that I should be prepared for the contingency that Musgrave would terminate on the spot in order to silence me, he suggested that I sent it to as many senior officials as I could. At the same time Patrick Macik was telling me that based on his experience it would be better to voice it all out now than to wait for Musgrave to find any lame excuse to terminate me, indeed from Patrick's own personal experience his conservative approach of trying to placate Musgrave still ended up with him fired. Back in April when I knew Macik's days were numbered I had actually reached out to him back in March and April and offered to go to upper management together to perhaps work something out where he could still keep his job, but ultimately Macik didn't take me up on the offer and felt that by playing it safe he might have the best chance of changing Musgrave's mind. Hindsight is 20/20 but we all know how that worked out for him. Patrick urged me to find the email address of some of the board of directors and also copy them in on said email.

I showed both Patrick Macik and Nick Gorney several revisions of my draft letter, and towards the end after incorporating some of their inputs I decided that out of abundance of precaution that I should at least offer the company the option of accepting a standard two weeks’ notice if they so desired; as I didn't wish to be too presumptuous. This was primarily based on how Musgrave responded when he perceived I went above or around him by copying the CFO on one single email, so I already knew that by reaching out directly to the upper management of Lonestar and Daseke that I ran a risk of being terminated by Musgrave right then and there. Nick and Patrick both advised that if Lonestar decides to accept the two week notice or even if they terminate me right then and there on the spot, that they would be willing to write me a positive employment reference.

On the morning of December 2nd 2019 I had sent the final version of the letter to the upper management at Lonestar and Daseke. Since I had already planned to work from home that Monday, I used the corporate VPN to connect to the company network to send the letter and check some other things before taking a quick nap. The previous night on December 1st 2019 our family cat (my parents had gone on vacation that entire week) got sprayed by a skunk and I didn't go to bed until around 3AM in the morning, most of that time spent between trying to de-skunk our cat and also chatting with Patrick Macik via text messaging since he had hours earlier just turned 44 years of age and was extremely chatty and talkative that early morning.

Suffice it to say, when I woke up from napping a short while later I noticed two coworkers from separate departments outside of the IT/MIS had actually contacted me on my personal email expressing surprise that I had been terminated so suddenly that morning. I did not tell them anything at all so the only way they could have known is if Musgrave sent a companywide broadcast email that very same morning of December 2nd 2019 letting everyone know that I had been terminated by the company. 

To be clear, I never once received any email or outreach nor was I contacted by Musgrave or HR or anyone else in the company to have a talk or discussion or anything of the kind. The only indication that I received were that of the company asking Rudy to contact me to ask what I wanted them to do with the custom keyboard and custom mouse that I had personally brought to the company for use in my office. Apparently they cleared out my office immediately very shortly after disabling all my access that morning.

So realizing I had been terminated there was no point in going back on site the following day, I then offered to send my company t-shirt back but never heard from anyone. I applied for unemployment that same day and later that afternoon started searching for a new job, and was very surprised to come across an Advertisement for a Network Administrator position at Lonestar also posted by the exact same Matrix Res staffing agency dated the same day of December 2nd 2019!

On Friday December 6th 2019 I received a final paycheck from the company that was more than two days of wages short. I had worked a full two week pay period the final week and was expecting to be paid $2729.75 (after taxes) but instead was paid only $2093.68 (after taxes) essentially short by at least $636.07 USD. I wrote to the company post-termination after receiving my final pay to advise them of this mistake but never heard back from anyone and never gotten this corrected. In the mail, I received several letters from the employer's insurance company notifying me that my coverage retroactively ended on November 27th 2019 and that the company reported to them that the company terminated my employment on Wednesday November 27th 2019.

I reached out to Mr. John Gruebmeyer from the same Matrix Res staffing firm shortly after being terminated but never once heard back from him or his company ever again.

Hi Mr. Don Daseke:

I have evidence that proves Mr Musgrave knowingly and intentionally committed fraud and provided the company and auditors with material misrepresentations both during and after the course of my employment with Lonestar/Daseke.

In mid-November 2019 before the Thanksgiving holiday breaks and while I was still actively employed by Lonestar, Musgrave asked me to lie to the auditors with regards to my length of employment with Lonestar, Musgrave stated that since I worked in a sensitive IT position it would make it easier on everyone if he just reported I had already been a full time employee at Lonestar for over a year in duration.

Even though my first day was November 27th 2018, I wasn't actually converted to an employee until around March of 2019. I felt uncomfortable about him fudging the numbers and forging the dates but he strong-armed me into playing and going along. I have this entire dialogue on voice recording as documented evidence as well as much more...

Ironically he also intentionally and fraudulently lied to Human Resources of Lonestar and Daseke about the actual date of my final day of employment with the company. Musgrave committed fraud by unlawfully instructing HR to put down Wednesday November 27th 2019 as my final day of employment, when in fact it was clear, and the evidence shows, my final day was actually Monday December 2nd 2019 after Musgrave himself decided to terminate me that day without cause immediately after he received my two-weeks’ notice letter that I had sent out that very same morning of Monday December 2nd 2019.

Musgrave fraudulently told HR my final day was on Wednesday November 27th 2019 for the purpose of cheating me out of two days of company recognized paid Thanksgiving holiday breaks. Every day Musgrave holds an IT meeting in his office with the entire team, I often voice record these sessions.

On Wednesday November 27th 2019 (the final day before the Thanksgiving break) I was a present member of this group meeting; Musgrave held this meeting in which he instructed me to come back on site to the company campus on Friday November 29th 2019 in order to help swap out the system backup tapes. I also have this on voice recording.

On the morning of Friday November 29th 2019 I received several text messages reminding me that Rudy was out of town visiting family on Thanksgiving holiday break and that I was the designated IT employee to drive back to the office in order to swap out the tapes.

Three days later, on Monday December 2nd 2019, I sent a letter (also emailed this letter from my official work email of [email protected]; therefore, I obviously didn't have my access disabled at the time) officially announcing my intent of giving a two-weeks’ notice. Immediately after receiving this notice Musgrave terminated me without cause and then furthermore retroactively instructed HR to put down November 27th as my final day, thus unlawfully denying me at least two full days of earned pay.

He then instructed Matrix staffing agency (the contractor to hire agency that I initially came on board through) to post an advertisement for my replacement; and such an ad was in fact publicly posted to the Internet on the very same day that I first sent my two-week notice letter!

In point of fact this pattern of deception by Musgrave started from the very beginning. Indeed, on my very first day Mr. Musgrave pulled me aside and sat me down in private and told me to help him lie and cover up.

He offered me a verbal offer of $90k to start (also voice recorded) even though I already told him at my previous position I was only making $67k per year. I felt uncomfortable accepting $90K+ and felt as if he was attempting to buy my silence and loyalty, but he insisted and eventually had HR give me an offer of $80k to sign instead.

During the course of my employment Musgrave never took any of us in the MIS team out on group lunches but instead would take us out individually one at a time. Often it was strategically timed for when he would need a favor. For everyone else he bought them free lunch with the corporate card, but I always insisted on paying for my own lunches and I noticed this caused him to be agitated.

He recruited me to basically help him get rid of Patrick Macik, stating that if I didn't take his job he would bring in another contractor who would, and later wanted my help to help him contain, antagonize, and with the objective to get rid of Nick Gorney as well. When I refused to help him screw someone else over for a second time, after seeing the impact job loss had on Patrick Macik, Musgrave then "turned" on me as well, soon leaving me entirely out of the loops in terms of any networking related projects and initiatives that he was secretly pursuing or evaluating on his own accord, and later writing me up to HR for what essentially amount to a political stunt, an excuse to hold power over me.

Many in the team have felt that Musgrave abuses his managerial power and misuses his authority to "write people up" to HR in order to coerce, intimidate, retaliate and to gain leverage over the rest of his team.

Musgrave likes to twist the rules and misuse SOX for whatever it suits him, based on what is most convenient at the moment. For example, he wanted to contain and reduce Mr. Nick Gorney (IT Manager at Schilli) so he told us that due to "SOX rules" we could not give Gorney any admin rights on the Lonestar side until 2020; but when it came to myself, he told the auditors the lie that I was a full time employee since November 27th 2018 when in fact I was actually a contractor and not hired on until nearly 3 months later.

Again, as it pertains to my final day of employment: I was either still an active full-time salaried employee during the Thanksgiving holiday period or I wasn't. It is not open to interpretation and arbitrary and capricious equivocation based upon whatever is more convenient for Musgrave at the time. Hypothetically, if my final date was actually November 27th 2019, then it was a termination without cause, as therefore I hadn't even sent the letter about my intent to submit two-week notice until five days later on the following Monday.

And I obviously would not have been required to show up at work on a company holiday (Friday November 29th 2019) to swap out the backup tapes if he had already terminated my employment on Wednesday 27th 2019. This makes zero logical sense. So where was the "Cause"? obviously since I had not even tendered my intent to submit two weeks’ notice letter until Monday December 2nd 2019, then on Wednesday November 27th 2019 if Musgrave construes this to HR (and he did in fact do this) that Wednesday was my last day of employment then it wasn't me that resigned but in fact it was the company that first decided to terminate me without cause.

There was no Cause. I should be able to get unemployment. Indeed, that very Wednesday morning Musgrave had instructed me to come by on Friday November 29th 2019 (a holiday) to swap out backup tapes, and nothing happened between that meeting (fully voice recorded) and the end of the day that would have given either him or the company cause to terminate my employment relationship.

Texas is "at will" employment, so the only logical explanation is that Musgrave unbeknownst to me and everyone else had actually secretly terminated me on Wednesday November 27th 2019 without cause and then retroactively informed HR of that fact the following Monday.

If I was let go on Wednesday then obviously I had zero obligation to come in on Friday to swap tapes, and if I was let go by Wednesday then whatever letter I wrote to expose his wrongdoings (referring to the letter I sent on December 2nd 2019) would be a post termination event and not "cause" for termination. Therefore, the company would not be able to lawfully or legally deny me unemployment claim.

Finally, I would submit to you that Musgrave manifested a personal vendetta against me when he felt that I was no longer 'loyal' to him. Often when reducing, containing and otherwise minimizing the Schilli IT Manager Mr. Nick Gorney, Musgrave had justified all his actions as merely doing what is best for the bigger picture, and what he says is in the best interest of the business requirement.

So I found it extremely hypocritical when I suggested that after the Schilli IT integration was completed that perhaps in due time the upper management would decide that there wasn't a true need to have an IT Director at Lonestar for just a handful of direct reports under him, and that probably the Daseke company could be better served by also doing an IT consolidation with Lonestar and having everyone simply report in to the Daseke IT CIO/Director in Addison.

Screenshot and photo/images evidences added

https://imgur.com/a/rxJsXqd

https://archive.org/details/davidmusgrave_appeal_screenshot_evidences

David Musgrave falsely claimed that Bo's last/final day with the company (Lonestar) was on Wednesday November 27th 2019 and hence he reported to HR that Bo shouldn't be paid the Thanksgiving holidays that the company recognized as paid days for salaried exempt employees.

However the evidences shows that Bo's two week notice letter was first sent on Monday December 2nd 2019 and furthermore David in the daily morning IT meetings had on that Nov 27 Wednesday had actually instructed Bo to come back to work to change out the backup tapes on Friday November 29th 2019 (this was Rudy's purview as the Network administrator is not typically charged with swapping out backup tapes) but later retroactively cheated Bo out of the Thanksgiving holiday pay, telling HR that his last day was on the Wednesday 27th even though Bo's two week notice letter wasn't even sent to anyone until the morning of December 2nd 2019.

This is one more in the string of examples of David Musgrave committing fraud, knowingly and with intent to harm.

https://soundcloud.com/user-306646348/tracks

https://soundcloud.com/user-306646348/david-musgrave-lonestar-it-morning-meeting-wednesday-n

https://soundcloud.com/user-306646348/musgrave-instructs-bo-to-come-back-to-work-to-change-out-tapes-during-thanksgiving-holiday-but-then-tells-hr-not-to-pay-him

https://soundcloud.com/user-306646348/bigbucks

https://soundcloud.com/user-306646348/david-musgrave-weaving-a-web-of-lies-from-the-start

https://soundcloud.com/user-306646348/david-musgrave-shutting-down-schilli-it-with-a-political-vengeance

To Lonestar/Daseke upper management:

This letter is to advise you and the Lonestar/Daseke company that I am officially submitting my standard two weeks' notice effective immediately. I am also cognizant of the fact that given industry classification (Information technology) in which the type of work I perform in my job functions that many company typically as matter of protocol will accept the two weeks' notice but then decide to turn around and right then and there to terminate the employment relationship immediately.

Any future correspondence, if needed, therefore can either go through the proper channels such as of yourself, Human Resources, Legal, etc and in addition I've established a good working relationship with Mr. Rudy and Mr. Nick Gorney whom I feel are trustworthy and whom I agree can serve as a channel of communication if in case needed. Out of an abundance of precaution I have already asked Rudy to disable my 'cheb' active directory account and to take it out of domain admin security group.

I was originally brought on through the Matrix staffing agency with my first day being November 27th 2018. Mr. Musgrave disclosed to me on the very first day his intentions to "can" Patrick Macik. But he had to hide such intentions from the rest of the department and therefore it created an awkward dynamic in which I sometimes had to lie or mislead others in the department.

Later on this dynamic created some undesirable rifts and tensions. At or around the three-month mark as a contractor, I was offered by Musgrave a salary of $90k to take over Macik's spot after his "canning". I informed Musgrave very early on that I did not feel that I was technical enough for the position when valued at $90k and that I stated a more equitable valuation of my skillset at the time would have been in the ballpark of $70k to $77k, nevertheless he had HR type it up as $80k and told me to sign it.

At the time I had no idea about the upcoming Schilli integration, nor his intent to migrate to a brand new datacenter at the end of the year, nor his intent to fundamentally re-design the entire corporate networks from top-down, perhaps also re-IP-ing everything in the environment, nor the plan of switching from the Verizon/XO MPLS to the new GTT SD-WAN at the new QTS locations and just a whole lot of fundamental changes all converging at the same time especially as the Schilli IT integration tight deadlines. Recently everyone in the team voted me to go do the dirty work of cleaning up Schilli and seemed more than happy to throw me under the bus if things went south.

I have been transparent and advised Musgrave and indeed the entire MIS team very early on that I intended to take a long overseas vacation towards the end of this year 2019 to close out the decade overseas. Due to an illness while in-route I had to abort my first attempt at LAX and turn back and go home. This forced a change of plans indeed now I'm looking at a late December trip tentatively.

I have made several written offers/recommendations for me to spend some time in cross-training some of the other folks in the MIS department (such as Rudy, Terry, etc) in doing my part to help bring them up to speed in terms of the more sys admin /networking side of what traditionally Patrick was doing in his role but Mr. Musgrave never took me up on the offer to cross-train anyone else, even knowing full and well my vacation plans and etc.

I wrote to Mr. Musgrave my feedback in terms of the 2019 performance evaluations and suggested that he forgo giving me any raises and instead recalibrate and re-balance the MIS to make the team members feel more equitable, specifically that Rudy has really stepped up to the plate and I felt that he deserved more, however a day or two later I got written up to HR by Mr. Musgrave for being late.

Although it was by no means the first time I had been late, the sudden timing just seemed suspect and although circumstantial but given the totality of the context a strong inference could be drawn that pointed to an ulterior motive. It seemed political. When Patrick was here Musgrave had complained Macik hoarded information and kept it to himself, yet when I tried to share info with others in the team it seemed like Musgrave still disapproved.

The first day I started Mr. Musgrave mentioned that Patrick was "very temperamental" and established that he was a hostile person to work with and to be very suspicious of Patrick potentially sabotaging the company network.  In the 6 months I worked side by side with Patrick he was nothing but professional and went out his way to bring me up to speed on everything asked of him and more knowing that he was pretty much training me as his replacement.

Patrick was pretty much a one-man-show in terms of keeping everything running as best he could with all the changes he was asked to make even though he objected out of what he thought was in Lonestar’s best interest for the MIS department and also the physical and logistical limitations of the MIS resources at that time. 

This does not include the massive hours Patrick spent each night trying to complete David’s request so no downtime was experienced during normal business hours, however Mr. Musgrave was severely irritated by this and told him to stop coming in at night and doing these changes. 

Rudy and others also expressed discontent with the whole new thumbprint Mr. Musgrave wanted to put on the MIS department as they felt what was currently in place was stable and trustworthy and there was no need to rush into a whole infrastructure changes all at the same time, but they were just not vocal like Patrick was. 

The consensus and sentiment amongst the MIS team and that of the rest of the company at large is that Musgrave was and still is changing out systems just in order to put his stamp on everything even to the detriment of the stability and reliability of the business as a whole.

Recently when the Nutanix hyper-converged cluster had another incident that caused all of the Virtual Machine and Virtual Servers in the entire production environment to forcibly reboot in the middle of the day (and causing subsequent data corruption) I had typed up one long email blaming the flaws of this Lenovo/Nutanix system and had also cc'd Kristi (CFO) on said email.

Shortly thereafter Musgrave got red hot mad in the face and felt like I was somehow sabotaging him merely by sending an email to Kristi, or rather by copying and including Kristi in on an email.  Patrick Macik had went on record to 'conscientiously object' the Lenovo/Nutanix solution and had very seriously recommended the Dell/ VxRail solution to Musgrave.

Nonetheless, I found it a bit odd that a week or so later during the official 2019 performance evaluation meeting in which Musgrave called me into his office in private to discuss, he had put "Installing/Implementing Nutanix" as my single greatest/major accomplishment of the year.

I did not contest nor object but I immediately felt it as weird since it was Lenovo professional services whom worked with Patrick Macik to install and setup the vast majority of the Nutanix infrastructure during early April and May of this year.  Patrick himself pointed out the fact that the Lenovo switches were having problems out of the box and wouldn't work correctly until a firmware update was applied to these brand new networking devices.

So it would seem Musgrave perceived my emailing Kristi Williams (CFO) about the Nutanix flaws as a means to "CYA" for myself and -- in his perception -- at his 'political' expense; and thus this was his way to reciprocate or return the favor in retaliation to also "CYA" for and on behalf of himself, so to speak, whilst throwing me under the bridge/bus at the same time.

Mr. Musgrave also told me that Daseke has a lot of high-powered in-house attorneys and that I would not win a Texas Workforce Commission appeal against them and that they would screw me over on unemployment benefits just like how they did Derek Burns.

He said that if Tex was handing out free money he would be the first one with his truck pulled up to load the cash... Musgrave doesn't do anything unless it has a direct and immediate tangible benefit to himself.  That isn't putting department first, or team first, or company first and it most certainly is not "leading from the front".

When I proposed to him the "win-win" situation of having Gorney take over Patrick's old office, (against my objections I was forced into Patrick's office by Musgrave after Patrick got canned) he always remarked: "yeah but how does it benefit me..."

Through my many interactions with Mr. Gorney I have felt that he has superb technical skills when compared to myself, perhaps even topping the Patrick Macik, and certainly from a technical perspective miles or light-years above Musgrave for sure. In addition to matching or exceeding Patrick's skillset, Nick obviously has had several years of managerial and leadership experience.

Since it would make sense to keep on board at least one of the seven people in the Schilli IT department, I had volunteered to give Patrick's old office to Nick Gorney when he moved over to DFW. Mr. Musgrave laughed at and rebuffed these offers and seemed extremely dismissive.

With regards to the Patrick dynamic, Musgrave had made it clear to me that it was either him or me, and that if I didn't want to take his job, he'd bring in another contractor who would. Towards the end I had a discussion with Patrick about possibly going to upper management together to work something out whereby I would concede and accept unemployment and he would get to keep his job, but Macik never took me up on this offer and perhaps thought by playing it more conservative he would change Musgrave's mind.

Rudy was also in these discussions and knew about these things and was actually the back-channel guy after Musgrave started taking Rudy out to lunch and telling Rudy to tell Macik his days were numbered etc. Suffice it to say, I saw parallels with what had happened to Macik and now this new situation with Nick Gorney.

Musgrave's strategy to "deal" with Gorney is the same he deployed against Macik which is to contain and corner Patrick/Nick enough in hopes that they would get so feed up as to leave on their own without benefits. The first time around I stood by and did nothing and said nothing and just played along, but I refuse to remain silent for a second time.

Unlike the situation with Macik in which there had already been previous incidents and "bad blood" between them, Mr. Nick Gorney started with a clean slate and did not deserve the sort of mistreatment that was enacted upon him by Musgrave.  It would be a shame if a good guy who did good work and had good skills with a family of four and an unemployed wife also lost his job simply because he was dealt the wrong cards and Musgrave wanted to play office politics because he was too insecure (about the fact that he has no technical skills and only project management skills) about losing his power and influence.

In these tough economic times the negative impact of such office politics is very severe and often long-lasting. Just recently Patrick Macik had advised me that more than six months after his termination he was still an unemployed single father. He has actually been on the job hunt for almost a year now, ever since Musgrave took him out to lunch last December to tell him his days at Lonestar were numbered and that it was time to move on.

Today, on his 44th Birthday, Patrick is barely scrapping by doing odd jobs here and there, like tutoring math or babysitting pets, cutting trees and mowing lawns; and when Musgrave terminated Patrick his disabled handicapped sister whom had just suffered a stroke in a near coma was also living under his roof.

These days Patrick is surviving on borrowing from his own 401k and relying on financial support from his elderly parents. He says the 3 months package that Tex gave him burned through too quickly. He also strongly suspected that Musgrave has been "blackballing" him in terms of giving malicious employment references causing him to miss out on many high six-figure opportunities.

He stated that he had been on several dozen job interviews that went very well until at the stage in the process in which he used Musgrave as a managerial reference and then promptly never heard back from those prospects again. This was made all the more egregious given the well-known fact that it was Musgrave himself who went out of his way to encourage Macik to use him as a professional reference and affirmatively assured him he would give positive references.

Musgrave offered this to Patrick while he was still employed during the course of his employment precisely as something that would help him in this transition and soften the blow and impact of job loss. When Patrick was canned in May, Musgrave assured the entire MIS team that the company retained Patrick on a per call or per hour consultant basis, but the several times myself and Rudy had suggested or recommended approval to reach out to Patrick I recall Musgrave stating that he wouldn't even call Patrick to trim his trees; and Musgrave seemed to be laughing at the fact that Macik had been reduced from senior network admin to doing odd gigs here and there such as tree cutting.

Patrick stated that out of loyalty to Lonestar he had refrained from any interference after he left and did not reach out nor contact anyone in terms of asking for his job back. However, he mentioned if the opportunity presented itself he was not so prideful that he wouldn't be amenable to any such future dialogue.

Anyone who knows anything about IT can see there is a huge shift on the horizon. As infrastructure gets abstracted and reduced to code (business logic) and everything becomes software-defined it fundamentally changes the nature of IT industry and IT work.

As companies consolidate and the hierarchy becomes increasingly flattened it becomes more vital than ever before to have truly well-rounded management in technical expertise backgrounds.  Anyone can learn office politics.

I've for my part had unofficial conversations with Gorney in the past in which he expressed that all else being equal he prefers to stay put in Indiana but if it came down to moving to DFW or losing his position it was an obvious choice. He says he has worked hard to get to where he is and he values that and wants to keep that.

We both share the belief in valuing meritocracy-based metrics and feel that such objective measures benefit the department and the company as a whole. For one example when the GTT thing came up and there was debate and discussion I felt it was odd that Musgrave deliberately left out and ignored Nick from the conversation even when I reminded him to do so and especially when everyone knew in terms of networking skills Nick was certainly the best all-around asset/resource in the combined companies.

I am not naive and do understand from a big-picture perspective how the 'real world' works but I can objectively say that it would be in the best interest of the department to have Mr. Gorney sitting in Mr. Macik's office. I can also objectively say that it would be in the best interest of the company at large to have Mr. Gorney sit in the chair that used to belong to the late Pete Trotsky.  Mr. Nick Gorney deserves to be here at Lonestar much more than either myself or Musgrave. Thank you for your time and consideration.