- 4 - 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With Xircom Before 1994, Xircom had occasionally offered jobs to prospective employees (other than petitioner) and withdrawn those offers before the employee began to work for Xircom. In 1994, Xircom’s practice was to offer to prospective employees from whom it had withdrawn employment offers replacement salary, replacement medical insurance payments, and out-placement services.2 On April 14, 1994, Xircom offered petitioner medical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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011