Well I got my car back thursday night, I was happy

. But on my way home third started grinding. I was pissed off

. I decided to take the car to work, going from 2nd to 4th and going to the dealer to talk to the guy that rebuilt the tranny, a subaru tech of 10 years.
After trying to figure it out, he asked me if I checked the oil. I was like, no but I would think a mechanic that puts a tranny on would know he needs to add oil. We check it and it is empty. WTF

. He tells me to go to GM and get Synchromesh tranny oil. I do, $51, fuck

.
Started driving home, third gets fixed, everything is going great. As I'm turning to my house, it grinds agian. DAMN IT!!!! So it wasn't the oil? Or did they leave the drain bolt open or something. I jack up the car, check the drain, as tight as it can be. but there's oil all around it and the passenger axle.
I had put 3 quarts of the oil and still had one to put in. So I cleaned everything up under the car, and went up again to put that last quart in. By the time I threw away the oil can and got under the car, all the oil was just coming out from the passenger axle.

The axles is kinda loose, I can move it in and out with my hand. Like it wasn't poped all the way in.
So after doing some research I have narrowed it down to:
1) Simple fix, The mechanic just didn't put the axle all the way in so it is not sealing. This happened to me when I did my civic a few months back, I just poped it all the way in and that was it.
2) The Subaru tech of 10 years forgot to put the oil seal and/or O-ring on the tranny.
I hope is just the pop it in issue, easy to fix. I talked to the mechanic that did the work, he will check it out, I still have not payed him and someone is going to have to pay for the $51 of oil I wasted.
Now my questions. Damn this is long.
Is that oil seal inside the transmission or on the axle shaft?
Has anyone doing a tranny swap experience this before?
Do you think is just the axles not all the way in place?
I work 10 hours a day, so I'm not sure when I'll be able to take the car in the shop. Needless to say, after a month wainting, and thinking I finally had my car, I feel a little upset
Thanks for reading...............end rant...........