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Carolina, and various Navy bases. The work he did at home
included long distance conference calls to discuss technical
issues, receiving and reviewing documents, and faxing documents
back and forth to his colleagues with comments. When petitioner
moved to Texas in 1996, the Navy increased the travel budget on
petitioner’s projects in order to retain his services. Even
after he moved, as he testified: “[F]ax machines and emails and
telephones [proved] adequate to provide that service. And most
of the other work was done, again, flying around the country.”
Petitioner continued to perform such services through 1998.
In 1998, the major project petitioner was working on was
completed. Thereafter, petitioner worked on smaller projects,
but the amount of available work waned. Eventually, petitioner
was no longer providing any services or receiving compensation
from Techmatics, although his affiliation with Techmatics
continued. In May 1998, Techmatics was acquired by Anteon Corp.
On March 31, 2000, a vice president of Anteon terminated the
company’s relationship with petitioner via a letter that stated,
in pertinent part:
According to our records, you have been a “part time”
employee with Anteon Corporation, Systems Engineering Group
(formerly Techmatics Inc.) since November 1996. However,
our records show that you have not worked for the company in
calendar year 1999. Therefore, in keeping with Anteon
Corporation’s standard practices, your employment will be
discontinued effective April 1, 2000.
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