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Castro, and MedChem P.R. accounted for its payment of these
invoices as an expense for outside services for office support.
Mr. Castro’s status as a Kelly employee ceased in March 1991,
when he was hired by Alcon P.R. as a full-time employee. Mr.
Castro continued to work on Avitene matters after he was hired by
Alcon P.R., and he continued to interact with other Alcon P.R.
employees and with MedChem U.S.A. employees.
Nelson Velez succeeded Mr. Castro as planner/buyer from
March 1991 through April 1992. Mr. Velez was a longtime Alcon
P.R. employee, and neither petitioner was involved in his
selection or placement as planner/buyer. Mr. Diaz, who was Mr.
Velez’s superior, assigned Mr. Velez to serve concurrently as the
planner/buyer of both Avitene and an unrelated Alcon P.R.
product. Mr. Velez divided his work equally between the two
functions, and Alcon P.R. invoiced MedChem P.R. for 50 percent of
his salary. MedChem P.R. accounted for its payment of these
invoices as an expense for outside services for office support.
Mr. Castro’s Avitene-related work required that he interact with
Alcon P.R. employees and MedChem U.S.A. employees.
Luis Rivera was a Kelly employee who succeeded Mr. Velez as
planner/buyer from April 1992 to August 31, 1992. Kelly hired
him and paid him $12 per hour. Neither petitioner was involved
in his hiring or with his placement as planner/buyer. Mr. Rivera
reported to Mr. Shepherd and/or various Alcon P.R. managers, and
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