- 3 - On June 12, 1989, petitioner entered into a 2-year employment contract with CMS. In accordance with the terms of the employment contract, petitioner was entitled to the following compensation: (1) A salary of $7,500 per month for the first 3 months of employment; (2) a salary of $5,000, plus a "loan" of $2,500 per month for the remaining 21 months;1 and (3) a commission of 1 percent of the gross revenues generated during the initial term of any loan servicing contracts he secured through his sales and marketing plan, plus � percent of the gross revenues with respect to the renewal period of any such contract. In the event that petitioner's employment with CMS terminated (for any of a variety of reasons), he was entitled to receive earned but unpaid salary and commissions. Throughout his employment with CMS, petitioner did not earn any commissions. As an employee of CMS, petitioner had access to certain confidential information and trade secrets that were the property of CMS. He was obligated to use his "best efforts and the utmost diligence to guard and protect such confidential information and trade secrets", and was bound not to "disclose or permit to be disclosed to any third party or other person by any method 1The loans were evidenced by promissory notes and accrued interest at the rate of 11 percent per year. Principal and interest were payable from future commissions earned by petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011