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During 1996, petitioner moved to Texas. That same year,
Techmatics facilitated a change in the way petitioner was paid.
To save overhead expenses, they requested that petitioner begin
submitting time cards instead of invoices. Petitioner received
an offer letter for “a part-time position as a Principal
Engineer” from W.S. Szczypinski, executive vice president of
Techmatics, dated October 11, 1996. The letter stated in part:
“As a non-exempt employee you may work no longer than 40 hours
per week without prior written authorization.” The letter
further stated: “As a part-time employee you may be eligible for
medical/life and dental benefits as outlined on the enclosed
benefits summary. The 401(k) savings plan is also available to
you. You will be paid through our payroll department on the 10th
and 25th of each month.”
Petitioner agreed to this new arrangement and signed what
appeared to be a standard form employment agreement with
Techmatics (the agreement).3 The purpose of the agreement was
stated as follows:
This Agreement sets forth certain acts during the employment
relationship or following its termination that would be
inconsistent with obligations of the Employee arising out of
that relationship and with the position of trust and
confidence in which the Employee is placed as a result of
the relationship. The Company places a high degree of trust
3 The employment agreement does not reflect a signature
of anyone from Techmatics.
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