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Title: Raymond MacMxxxx and SoftxInc Software, Inc.
Date: June 4, 2001
Arbitrator: David Pesonen
Citation: 2001 NAC 114

The names have been redacted for protection and privacy 

American Arbitration Association

In re:
Raymond MacMxxxx,

SoftxInc Software, Inc.,

Case No.: 74 160 10393 00 AD1


Arbitrator’s Decision


     This claim was heard in the San Francisco offices of the American Arbitration Association on May 31, 2001.  Claimant appeared without counsel.  Respondent was represented by John G. Connolly of the firm of Zimmermann, Koomer, Connolly & Finkel, LLP.  Claimant testified under oath and introduced 16 documentary exhibits.  Respondent introduced testimony from two witnesses under oath and introduced 4 documentary exhibits.  The evidence was closed on May 31, 2001. 

The Order on the Preliminary Hearing and Scheduling conference of March 9, 2001, provides that “The sole factual issues are whether Claimant’s employment was terminated with cause as provided in the employment agreement dated March 20, 2000 and the contractual severance benefits due to Claimant if termination was without cause.”   The order, by stipulation of the parties, also provides for the arbitrator to issue a summary award in writing.

     Upon review of all of the evidence, testimonial and documentary, and the arguments of the parties and counsel, this arbitrator finds that the August 25, 2000 termination of Claimant Raymond MacMxxxx’s employment by Respondent SoftxInc Software, Inc. was with cause, within the meaning of paragraph 3.B.II.d. of the parties’ March 30, 2000 Employment Agreement.  Accordingly, Claimant is awarded no damages or other sums in the nature of claimed additional severance benefits.

     Pursuant to Paragraph 7.J. of the March 30, 2000 Employment Agreement, each party is to bear its own attorney’s fees and costs.  Additionally, under that agreement, the parties are to share equally the AAA administrative fees and the arbitrator’s compensation and expenses; any balance on deposit with the AAA after payment of such amounts is to be refunded equally to the parties.


Dated this 4th day of June, 2001








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