Tech firm lawsuit divides partners

Published 7:36 am Friday, December 13, 2013

A legal battle alleging misuse of funds, an illegal alcohol operation and urinating in a coffee mug has ensued at Wtechlink, one of Eastern Oregons top Internet service providers.

Jordan McDonald, the companys vice president and minority shareholder, filed a lawsuit Nov. 27 to oust Byron Wysocki as company president and primary shareholder. Wtechlinks headquarters are at 404 S.E. Dorion Ave., Suite 205, Pendleton. Attorney Patrick Gregg of the Pendleton firm Corey, Byler, Rew, Lorenzen and Hojem represents McDonald. Circuit Court Judge Dan Hill of the 6th Judicial District is hearing the case in Hermiston.

Wysocki didnt return a call seeking comment, and McDonald said he had no comment Friday. In the lawsuit, though, McDonald alleges Wysocki failed to manage the company since 2011; unlawfully borrowed company funds; used a company credit card to buy alcohol distillation equipment that he installed illegally at company headquarters and misused funds to try to accrue digital currency.

McDonald accused Wysocki of violating state law when he borrowed $16,000 from the company Nov. 2, 2012, and $20,005 on Jan. 15, 2013. The Wtechlink board Wysocki, McDonald and secretary Chase Endicott did not approve the loans, McDonald claimed. And while Wysocki paid back the money, the second loan left Wtechlink with insufficient funds to meet its payroll obligations to its employees resulting in late paychecks, the lawsuit stated.

Wysocki makes almost $50,000 a year as company president and owns 65 percent of Wtechlink. McDonald owns 35 percent, according to the lawsuit. McDonald asked the court to allow him to buy out Wysockis shares and remove Wysocki from his position as leader of Wtechlink. McDonald stated he was responsible for the companys growth during the past several years and not Wysocki.

Wysocki started the company in 2001 in Pendleton while he was a freshman at Oregon?State University. McDonald joined in 2002, when he was a junior at Pendleton High School. He also is a Pendleton Chamber of Commerce director.

Wysocki has not provided the court with a response to the lawsuit, which he received Nov. 29 at 1:15 p.m., according to court documents.

That same day, Wysockis wrongdoing took a personal turn, McDonald asserted in a request for a restraining order against his business partner. Wysocki broke into McDonalds office Nov. 29 and removed personal items, took hard copies of invoices and vendor contracts and deleted computer files that required an employee to recover, McDonald alleges. That prompted McDonald to change the key code to his office door.

When McDonald came to work Dec. 4, he found someone had removed the office door from the hinges. After work that day, McDonald said, he reviewed footage from his offices security cameras.

That video, he claimed, shows Wysocki engaging in what appears to be urination into a coffee cup. He then places the coffee cup back on my desk. I returned to my office later in the day, and I drank out of that coffee cup not knowing what defendant had done. … I have the video footage that I can produce to the court if necessary.

McDonald filed for the restraining order Dec. 6; Wysocki received a summons Dec. 10 to appear Thursday at 2 p.m. before Judge Hill on the matter.

Contact Phil Wright at pwright@eastoregonian.com or 541-966-0833.

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