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Defamed as Spy by Urine-Testers, Man Says

DALLAS (CN) - A urine-testing company fired, defamed and harassed an employee for refusing to be a corporate spy or lie to the U.S. government, he claims in court.

Edward Zicari says he worked as regional manager out of his home in Dallas County for the California-based Millennium Laboratories. Millennium allegedly fired Zicari abruptly in October 2010 after he refused to perform illegal acts it had requested.

"As one example, an officer of Millennium directed Zicari to offer monetary bribes to physician clinics in his territory, including Texas, to obtain information on competitors," according to the complaint in Dallas County Court. "The Millennium officer represented to Zicari that monetary bribes had been successfully employed in other regions by other region managers."

In another case, Millennium allegedly wanted sales representatives to request that physicians order its lab to perform at least 13 tests per urine specimen, regardless of medical necessity.

Zicari says he again refused to comply.

The company told Zicari it fired him for misstating his performance as an employee, according to the complaint.

Zicari says that Millennium general counsel Martin Price compounded the insult of his firing with an "outrageous" presentation at a January 2012 national sales meeting for 250 people.

"An image of Zicari was used on an 'execution slide,'" the 27-page complaint states. "The Price presentation contained imagery intended to shock and intimidate, including imagery of Zicari's name on the toe tag of a body bag, after gunshot sounds were played for the audience."

Zicari says Price also falsely stated that Zicari had committed illegal activities and that Millennium had informed at least one state attorney general.

Millennium has allegedly harassed Zicari since his firing.

"Millennium approached, or 'hunted down' in Millennium's words, Zicari's girlfriend, ex-wife, and current employer in an attempt to interfere with Zicari's personal and professional life in any way it could," the complaint states. "Upon information and belief, Millennium has stated to third parties that Zicari violated the law by taking a computer that belonged to Millennium. This statement is false."

Zicari says Millennium is also falsely telling others that Zicari failed to adequately perform his job and committed corporate espionage by selling information to one of its competitors.

Worse yet, Millennium has allegedly hired private investigators to stalk Zicari's house and tail him through Dallas.

Zicari also complains about a federal complaint Millenium filed against him nearly a year ago in Dallas. "The lawsuit was based on Zicari's production of documents to counsel for a party in federal litigation pending in Florida," the complaint states. "There was no relief awarded to Millennium in the Dallas federal lawsuit. Millennium and Zicari entered an agreement resolving the Dallas federal lawsuit in July 2012."

The final draft did not define two terms in the settlement, and Millennium refuses to resolve them, according to the new complaint.

Zicari seeks declaratory relief and punitive damages for wrongful termination, emotional distress, negligence, invasion of privacy, defamation and other charges. He is represented by Jim Flegle with Loewinsohn Flegle of Dallas.

Follow @davejourno
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