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Only those vehicles owned by McKendree are eligi-
ble for gas, tire, oil, repairs, etc. to be paid by or
charged to the Company. Employees must sign any tick-
ets and include the license plate number for any vehi-
cle expenses charged. In addition, gasoline expenses
will be paid or reimbursed only in areas where
McKendree does business. Mileage is paid only on the
1st of each month and is two weeks in arrears. All
mileage must be entered into the computer by the 25th
of each month prior to the 1st of the following month.
* * *
Those employees who are paid driving allowances or
driving reimbursements must pay their own expenses out
of those disbursements. Any personal charges which
appear on an invoice presented to McKendree for payment
will be deducted from an employee’s next pay check
* * *
Unauthorized charges in the future will be grounds
for immediate dismissal.
During 1999, pursuant to McKendree’s reimbursement policy,
petitioner received $1,600 from McKendree as an advance on his
vehicle expenses for that year ($1,600 McKendree driving allow-
ance).
At no relevant time did McKendree require petitioner to
provide gifts to its customers or its potential customers.
On February 24, 1999, petitioner was arrested for and
charged with stealing merchandise belonging to COMPUSA, Inc.,
valued at $200 or more. On June 2, 1999, a grand jury in the
Commonwealth of Virginia Circuit Court for the City of Norfolk
indicted petitioner for grand larceny (criminal charges).
Petitioner hired Christopher Christie (Mr. Christie), an attor-
ney, to represent him in defending against those criminal
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Last modified: November 10, 2007