Gavin Polone - Page 7

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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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