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In a February 6, 1990, memorandum to an executive vice
president of CMS, petitioner disputed the January 2, 1990,
evaluation and provided detailed examples of how he believed that
he had fulfilled his responsibilities at CMS. In this
memorandum, among other things, petitioner represented:
My own planning indicates that it is realistic to
expect that 20,000 loans can be brought on by the end
of the second quarter, 1990. That the total of new
loans to be added by the end of calendar 1990 will be
95,000.
CMS responded to petitioner's memorandum; however, the "Fails to
Meet Requirements" rating was not changed because petitioner's
department "did not meet the principal requirements of generation
of new business during the period under review."
By the end of February 1990 petitioner was aware that his
employment with CMS would soon be terminated. At a meeting on or
about May 18, 1990, petitioner and Mr. Griffin discussed
petitioner's termination and signed an Agreement for Separation
of Employment (the agreement) wherein petitioner agreed to resign
voluntarily from CMS. Pursuant to the agreement, "as
consideration for cancellation of the remaining portion of the
employment contract", CMS agreed to pay petitioner $35,348.84.
This amount consisted of (1) a lump-sum payment of $20,000 (which
petitioner and CMS agreed would be subject to all "ordinary and
necessary payroll deductions", resulting in a net payment of
$15,070 made to petitioner as of the signing of the agreement),
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