|
Mr. Doron Tal could not dream that he would ever
lose his position at RAFAEL
(Israel), when he left for a Sabbatical in the United States.
Then he was serving as a project manager. Formerly he had been a
system engineer and a senior research physicist in this
institution.
Tal specialized in Electro-Optics and complex armament
systems, successfully completed tough assignments at RAFAEL since
1977. He was quite certain that his future as a civil servant of
the State of Israel was guaranteed, because RAFAEL had offered
him future jobs that he accepted. These propositions were based on
his proven management skills, specialization and proficiency. Tal's
credentials are praised in many recommendation letters that had been filed
in his personal file at RAFAEL.
Therefore, Tal was quite surprised to get an offer to resign from
RAFAEL. It was about ten days after
his wrongful dismissal from M.L. ENERGIA, Inc. - the American employer
that allegedly had employed him illegally during his sabbatical from RAFAEL.
Tal was shocked to get this offer when he was residing in New Jersey,
quite far away from home in Israel.
| The head of Missiles Division at RAFAEL
(Israel) had plotted to neutralize Tal, a whistle blower. Allegedly this manager
deliberately let Tal leave on a sabbatical with an American firm
that intentionally concocted to employ him unlawfully. The U.S.
Dept. of Justice has known it (DJ #197
48-71), but is still staying away deliberately.
|
Tal is alleging against his superior at RAFAEL
who granted him an exceptionally long sabbatical leave (30.5 months).
Mr. Shalgi had no authority to do so. It was a pre-planned
plot to expel him away from RAFAEL,
because he had had been a whistle blower. He had helped
to expose flaws and corruption within
the missile's division at RAFAEL. These allegations and others are the
basis for the $1.2M lawsuit over libel that Tal filed with
a Magistrate Court in Petach Tikva, Israel, Case No. 1184/97 (pending
as of January 1997).
Tal's family arrived to the USA on August 13, 1990, and
everything was fine apparently. Mr. Tal lastly worked as an H-1
(foreign expert worker) on November 15, 1991. There was a concocted
dispute invoked by his American employer. On October 18, 1991, Tal
and other research staff members, three individuals, were asked to accept 10 percent (10%) reduction in
their salary. Although they did not
agree to the salary reduction, M.L. ENERGIA, Inc. notified
them on or about October 22, 1991, that there would be ten
percent retroactive reduction in
their salaries as of October 1, 1991. Tal continued to object
the salary reduction on his own behalf, as the other staff
members did. Lastly Tal received a notice from M.L. ENERGIA,
Inc. on or about November 2, 1991, that he was terminated
effective November 15, 1991. He was the only employee who has
ever been dismissed by M.L. ENERGIA, Inc. Tal remained
unemployed. His four children were learning in American public
schools, the family had a rent agreement until August 1992, and
their house in Israel had been already on a lease for the same
period. Mr. Tal could not breach these contracts and he was
reluctant to secure his family matters.
Tal was unable to leave the USA and return to Israel
immediately. M.L. ENERGIA, Inc. (New Jerseyan small business
firm) withheld his belongings and refused to pay his moving expenses back to
Israel, as required under the provisions of U.S. Federal law,
8 U.S.C. Section 1184.
Ten days after his discharge from M.L. ENERGIA, Inc., Tal
received a proposition to resign from RAFAEL. This had been
allegedly plotted by Mr. Giora
Shalgi, the head of Missiles Division in RAFAEL (at that time).
Mr. Shalgi (or his colleagues) likely had networking with
Moshe Lavid, the owner of
M.L. ENERGIA, Inc..
Tal refused to resign,
although RAFAEL gave him an ultimatum. He should have accepted
his forthcoming resignation within less than a week. Then he was
residing in New Jersey, quite far away from Israel. In his civil
lawsuit (1184/97) Tal alleges against the manager of personnel,
Ms. Dalia Pat, that she made it clear, had he refused to
resign RAFAEL "would take care" of him, i.e. he would lose all
the benefits, including the exceptionally long (30.5 months)
sabbatical, and he would be fired at once, unable to acquire rights for a pension.
Tal pleads that the proposition to resign was made, because
Mr. Giora Shalgi likely
covered-up serious flaws in the Missiles
Division that he had managed. Shalgi had wished to
neutralize Tal likely because of the 1990
report issued by the Israeli Comptroller General. Tal had
collected more evidence to support his allegations about these
flaws. The crucial documents had been kept within a safe at
RAFAEL, when Tal left to the USA. He may not have taken
confidential material out of the plant not to say out of the
country. These documents however were intentionally destroyed in
1993 by a "security officer" of RAFAEL.
In November 1991, Tal decided to stay in the USA at least
until August 1992, and invoked in the United States legal actions
against M.L. ENERGIA, Inc. Tal claims that this firm had fired
him wrongfully. During these legal proceedings Tal realized that
this American firm had intentionally failed to have on a file
certification by the U.S. Secretary of Labor, as required for any
foreign worker. In late 1992 Tal was informed about a
libelous letter that the president of M.L. ENERGIA, Inc.
likely had sent to RAFAEL. This letter hurt Tal and coerced on
him an untimely resignation. Likely, the letter was mailed to
the management of RAFAEL. More than twenty-five individuals
have received it, although RAFAEL has already admitted
that only fifteen individuals had read it.
| The first libelous letter dated
March 9, 1992, is five pages long, and few private
documents were attached to it. The second letter is dated
September 4, 1992. These two letters were sent by Dr. Moshe
Lavid to RAFAEL. Was there a business
relationship between RAFAEL and M.L. ENERGIA, Inc.? |
Only on March 28, 1993, (more than a year after the
resignation was imposed on him by RAFAEL) Tal made his
acceptance. He had no choice knowing that a libelous
letter had been intentionally put in his personal file in
RAFAEL, neither letting him to read it nor to respond. It was in
violating the internal regulations (Israeli Civil Service,
Section 93.124).
Consequently, in May 1994, Tal filed a lawsuit against RAFAEL
at the Regional Labor Court in Jerusalem.
Tal demanded from RAFAEL to obtain the original libelous letter, to take it out of his personal file in RAFAEL,
or alternatively to have a permission to file his response to this
libelous letter. Tal predicated this former lawsuit on a decision of the Israeli Supreme Court, in a
similar case. Tal claims that the libelous letter was filed
intentionally in his personal file, without his knowledge. It was
violating of the regulations, and it has adversely affected his
position at RAFAEL.
On October 20, 1994, the Israeli State Attorney filed on
behalf of RAFAEL a letter of defense (quite of late), denying
entirely Tal's pleading. The State Attorney admitted:
THAT Tal had been employed by RAFAEL
THAT a resignation was offered to him
THAT Tal agreed to resign
THAT a letter of complaint was received from a U.S. firm and
that was filed in Tal's personal file at RAFAEL.
During a preliminary trial session the State Attorney
admitted that seven high ranked officers had read this
letter, without informing Tal (the victim) about it. Tal
concluded from this evidence that these seven individuals had
violated the prohibition of libel and transgressed his privacy
(interconnected two Israeli laws). Moreover, Tal realized that
the letter had been treated improperly, and that it was
circulated in violation RAFAEL`s internal regulations, the Rules
of Civil Service, the instructions of the Commissioner for Civil
Service, not to say the decision (453/87)
given by the Israeli Supreme Court.
Following an agreement with the State of Israel (approved
by the Labor Court December 1994), Tal realized that the State of
Israel had had deceived him. There were more individuals who
received copies of this letter. The State Attorney pleaded
incorrectly. Then the Regional Labor Court reopened the case
(14-240/95). Only then and because of the continuance
of the trial the Israeli State Attorney admitted that
there were additional seven individuals who had received a copy
of this letter. Still Tal contended that there were more names,
but RAFAEL suggested there might be additional two names. The
final list of names was fifteen. Tal was advised to dismiss his
motion for continuance at the Regional Labor Court. The case
would be dismissed and RAFAEL would promtly let him review his
personal file. Tal agreed. On December 24, 1996, he discovered
in his personal file another libelous letter filed against
him. Apparently six documents had been removed from this file
and some documents had been altered.
Needless to say that the filing of these two alleged
libelous letters violated the regulations of Israeli Civil
Service, 94.123. According to Israeli law, the State may not be
liable for a libel, only the individual(s) who allegedly made a
libel might be liable. Consequently, on January 14, 1997, Tal
filed a lawsuit against the person who wrote these letters,
Dr. Moshe Lavid (the president of M.L. ENERGIA, Inc.),
together with seven high ranked officers at RAFAEL. They
allegedly abused these letters in an attempt to defame Tal. The
lawsuit was filed in Petach Tikva Magistrate
Court, Case No.1184/97.
Tal (50) married with four children lives nowadays in Karmielmap, Israel.
He is compelled to seek alternative jobs after his coerced resignation,
due to the libelous letter. Tal is unable to be employed
elsewhere, within the small community of Israeli scientists
engaged in Electro-Optics. Tal believes he might be modestly
compensated, if he wins the lawsuit, filed January 14, 1997, by
his lawyer, Eliyahu Ziegler. Mr. Tal claims an amount of $1.2M,
as explained in his lawsuit. The seven employees of RAFAEL are
represented by the Civil State Attorney, Tel Aviv, Israel. Their
answer has been already filed.
Tal alleges against Dr. Moshe Lavid that he wrote two
libelous letters, in an attempt to cause tangible harm to
Tal, to defame him, to put him as a target of contempt and
ridicule, and in particular, to induce his dismissal from
RAFAEL. Mr. Giora Shalgi
improperly used these libelous letters, by exposing them
to RAFAEL`s management, in an attempt to remove Tal away from
RAFAEL wrongfully. Tal was a whistle blower - he exposed flaws
in the division that Shalgi has managed. Although Tal was
seeking employment with OpGal,
a small business firm in Karmiel a daughter firm of RAFAEL that
manufactured products which Tal had developed, he was denied
employment there. Likely, it was Mr. Shalgi who was a
member in the board of OpGal's
directors barring him to be accepted.
Tal alleges against Ms. Zehava Shmueli, the
official addressee of the libelous letters that she had
known that these two letters were untruthful, that the letters
were schemed to defame Tal and adversely affect him. Regardless,
Ms. Shmueli made copies of these letters and sent these to
RAFAEL`s management but concealed it from the victim (Tal), in
violation of Israeli Civil Service Regulation (93.124).
Tal alleges against Mr. Haim Datner: Datner sent
one of these letters to individuals outside RAFAEL. By doing so
Mr. Datner acted in collaboration with other respondents, like
the personnel managers, Ms. Dalia Pat, and Ms. Ester
Navon. Mr. Dan Dudiuk the legal counsel of RAFAEL
allegedly misled Tal and collaborated with other respondents.
Tal alleges against Mr. Joseph Pankowsky as the
Vice President of RAFAEL he was personally involved and
responsible to this misconduct. Mr. Pankowsky has not prevented
the circulation of the libelous letter, regardless of the
Israeli law and Civil Service Regulations. Lastly, when Tal
asked RAFAEL to obtain the libelous letter, in order to
respond to it, he was absolutely denied by Ms. Ester Navon
and Mr. Dan Dudiuk Esq.,. Likely they conspired against
Tal together with Mr. Giora
Shalgi and Mr. Joseph Pankowsky.
In their response (filed by the Israeli State Attorney),
respondents claim:
- THAT this lawsuit is provocative, nuisance to them
- THAT Tal (the plaintiff) failed to show a Cause of Action,
and therefore, the lawsuit should be dismissed
- THAT Statute of Limitation should be applied, regarding
violations of Israeli law, prohibiting transgression of
privacy
- Alternatively, there was no tangible transgression of Tal`s
privacy.
- With respect to Israeli law prohibiting libel, respondents
(2-8) had acted in good faith
- THAT there was no connection between Tal`s dismissal from
M.L. ENERGIA, Inc. and his "resignation" from RAFAEL
- THAT Tal is unable to object his "resignation" as he signed
it (according to the State) in December 1991.
Tal however had
clearly and timely pleaded that his signature approving
consent to resign was made only in March 1993, a year after this
and it was made only because of the libelous letter.
- THAT there was a letter signed by Dr. Moshe Lavid the
president of a New Jerseyan firm, which was filed within
Plaintiff's (Tal's) personal file;
- THAT respondent 2, Mr. Giora
Shalgi, has never read it;
- THAT other respondents (3-8) lawfully read it, circulated it
among themselves as having the authority granted to them under
provisions of Civil Service Regulations;
- THAT Plaintiff was not adversely affected, but if he was then
there was no circumstantial connection between any echelon at
RAFAEL and the New Jerseyan firm;
- THAT the damage which Plaintiff claimed is exaggerated.
Tal responded to the above that
respondent's pleading should be dismissed. It lacked affirmative
defense, as required by the rules, 85, 86 and 89, of the Israeli
Civil Procedure (1984).
In conclusion, the seven respondents (2-8, represented by
the State of Israel) moved the court to dismiss this lawsuit.
The first respondent (Dr. Moshe Lavid) has never filed an answer
at the time of writing this article.
(Article published May 30, 1997. Lavid lastly filed his response on about December 23, 1997, -D.T.).
|
Directory
Seeking Representation in NJ
