harringtons affidavit

7/29/2019 Harringtons Affidavit

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S T A T E O F ~ ~ ~ ~ _

AFFIDAVIT OF MARQUITTIA HARRINGTON

Before me, the undersigned, a Notary Public in and for the State of at Large,personally appeared Marquittia "Marti" Harrington who is known to me and who being by me first dulysworn on oath, deposes and says as follows:

My name is Marquittia Harrington and I am over the age of 19. I have personal knowledge of thefacts stated in this Affidavit and understand that it will be used by Jay Palmer in his lawsuit againstInfosys.

I am a former employee oflnfosys. Weird things started happening soon after I was put on theJohnson Controls' project in Wisconsin in July 2010. Infosys was trying to get a better footing in theSupply Chain Management arena. Jay Palmer is a Subject Matter Expert when it comes to Supply ChainManagement and it appeared to me the key to helping Infosys build this business unit. I know he alsohelped Infosys recruit some experience resources and was directly involved in winning SCM business. Itwas July or August 2010 that Jay asked me to help with a presentation at a large automotive supplier.Jay did all the leg work, brought in the potential deal, built the material for the presentation and therelationships. On the prep calls, Jay and I were the only Americans. This was not uncommon. What Ifound uncommon in a professional environment was that one of the Indian resources made a fewcomments that I felt were disrespectful towards Jay. I don't remember the comments but they werearound his knowledge of the product and business. This happened on a couple ofprep calls. When wedid the sales presentation, we were all remote and that was very strange. I am still not clear how we didnot end up on-site with the customer but I do remember Jay saying this was a done deal. At the


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beginning of the call, the Indian Resource that had been disrespectful towards Jay, took over the meetingandwas trying to do the presentation and handle the customer interaction. It was clear the customer wasnot happy and the Indian resource would not let Jay or I get a word in. The deal fell apart.

My role at JCI continued. Around September, I was the only non-Indian resource on the team.The other non-Indian resource left soon after I joined. As time progressed, the customer startedincluding me in all high level meetings with senior management. While I managed the project, therewere two Infosys people (both Indian) that were to manage the relationship, negotiations and contracts.One was a sales Rep (Vijay) and the other a Principle lead (Shan). During this time, these two resourceswere included in Infosys leadership meetings and responsible for any of the paperwork pertaining to onshore resources. I was not included in those activities. My role continued to grow as I took on more ofthe contract negotiations and strategic planning. While my responsibilities grew, the Infosys leadershipstill did not include me in key meetings. By December, I was told by a JCI top level executive thatthey requested the Principle lead to be replaced by me. They said I was "honest." I waited for Infosys tosay something to me but they never did. In January, I called my boss and asked for an explanation aboutwhy I was not told of this request, why the Principle was still on the project, why I was not included inthe key meetings when I held the primary knowledge about the relationship. My boss (SandeepPrabhakar Kulkarni) said he was working to move the principle off the project but never gave mefeedback on my other questions. I then proceeded to share with him the knowledge I had about thecustomer and he admitted he did not know of the issues and did not have any idea they existed. While Iwas moved into the principle role, I only discussed issues with the Vijay and Sandeep. Again, I was notincluded in the leadership meetings that the principle once sat in on.

In February of2011, I became fully aware of the issues with the Visa fraud. I began gettingphone calls from various company legal counsellors, wanting to know what I knew about the VISAusage. At the time, I tried very hard to ignore the issue. Eventually, I looked at the list I had of Infosys


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employees on the JCI Maximo project and their VISA status. This was the very list Jay had requestedand I provided in the fall of 2010. I also did some reading on US VISAs and immediately realized therewas misuse. While I was in fear of company retaliation, I sent an email to our whistle blower accountand immediately started getting phone calls from Infosys lawyers. Additionally, Jay Palmer's attorneycontacted me to seek my permission to give my contact information to the federal agents working on theissue. Two federal agents contacted me and wanted details about my involvement with Infosys's VISAprocess and the list I had sent to Jay. In addition to being afraid of losing my job, I was now afraid thatbecause of my association with Infosys that I could get in trouble with the United States. Calls fromattorneys continued but the agents stopped contacting me soon after I submitted my whistle bloweremail. After leaving Infosys, I found out the agents were not allowed to discuss issues with me withoutan Infosys attorney present. This large consulting company was illegally using US VISAs for their owncorporate gain and they were forbidding direct contact with me by the US government because I (a UScitizen) worked for a company based in India.

The more I understood about the VISA issues, it seemed to get me in more trouble. JCI foundout about the VISA issue and I was asked in the spring if anyone on the JCI project from Infosys hadtravelled to the US on the wrong VISA type. My answer was yes. I then went to discuss thisconversation with the Infosys sales rep and he was visibly irritated with me and told me I should nothave answered the question. I told him that I will not lie. We discussed for a bit longer and I walkedaway from him. By this point, I feared I was going to get fired over this issue that was not my fault.

Other things that I noticed during the JCI assignment was that some of my co-workers werebeing subjected to traveling on a limited or no expense account. I did not realize until researching theVISAs why the company was forcing these people to travel and NOT covering their expenses the wayother employee expenses were covered. I too had my own financial issues while I waiting two, threeand four months to get my expenses reimbursed. In November, I was blessed and found another job so


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I could leave Infosys. I took a contract for hire job in hopes of getting on full time with a family owned,

Infosys employees harassed Jay in my presence, discriminated against me, conducted business inthe US illegally and I'm still worried they will seek retaliation agcyn f} for being honest.

Sworn to and Subscribed before me on this the __+-,+--day of May, 2012.

My commission

harringtons affidavit

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