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department at UTA. By 1996, petitioner was the number one or
number two revenue generator at UTA.
Petitioner worked extremely hard. He worked long hours 7
days a week. During the first 6 years of his career, he took a
total of only 4 weeks’ vacation. Petitioner fought aggressively
for his clients. Petitioner was extremely successful in
representing his clients.
On January 27, 1992, petitioner and UTA entered into an
employment contract (employment agreement). The employment
agreement provided petitioner with base compensation of $350,000
per year with a 10-percent annual increase and a discretionary
bonus. The employment agreement had a term of 5 years.
The employment agreement provided that UTA could terminate
petitioner at any time for “cause”. The employment agreement
defined “cause” as: (1) A conviction for any felony that was
materially injurious to UTA; (2) any breach by petitioner of any
of the material terms or covenants of the employment agreement;
or (3) any fraudulent, illegal, or immoral activity by petitioner
that materially and adversely affected UTA or UTA’s reputation.
Pursuant to the employment agreement, if UTA terminated
petitioner for cause, UTA had no further liability to petitioner
except for compensation accrued to the date of termination.
The employment agreement also provided that UTA was not
required to use petitioner’s services and had the unilateral
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