Donna J. Collins - Page 4




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          B.   Petitioner’s Negotiations With Xircom                                  
               Before 1994, Xircom had occasionally offered jobs to                   
          prospective employees (other than petitioner) and withdrawn those           
          offers before the employee began to work for Xircom.  In 1994,              
          Xircom’s practice was to offer to prospective employees from whom           
          it had withdrawn employment offers replacement salary,                      
          replacement medical insurance payments, and out-placement                   
          services.2                                                                  
               On April 14, 1994, Xircom offered petitioner medical                   
          insurance, out-placement services, and payments equal to 3 months           
          of his AT&T salary.  Xircom intended the payments to replace the            
          compensation that petitioner would have earned in 3 months at               
          AT&T if Xircom had not made a job offer to him.                             
               Petitioner made a counteroffer in which he asked for 9                 
          months of the salary Xircom had promised him ($6,666.67 per                 
          month) and a positive employment reference.  On April 19, 1994,             
          Xircom agreed.  Petitioner and Xircom signed a consulting                   
          agreement effective as of April 18, 1994, which said that                   
          petitioner was an independent contractor of Xircom.  Xircom                 
          agreed to pay petitioner $6,666.67 per month until January 31,              
          1995, and it gave petitioner a positive employment reference.               


               2  Out-placement services include assistance in career                 
          planning and development of skills in areas such as resume                  
          preparation and interviewing.                                               






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