Title: Raymond MacMxxxx and SoftxInc Software, Inc.
The names have been redacted for protection and privacy
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.
this 4th day of June, 2001