- 3 -
Petitioner claimed that he was terminated because he reported to
ATC, Nevada officials, and the public Mr. Brophy’s personal use
of a Nevada vehicle to move Ms. Macarino, petitioner’s son, and
the other two children out of petitioner’s home. Petitioner
believed that Mr. Brophy’s use of the vehicle was illegal. ATC
claimed that petitioner was terminated for job abandonment due to
petitioner’s failure to report for work for more than 2 weeks
without notifying his supervisors.
In 1996, petitioner prepared and filed a complaint in the
Clark County District Court, Nevada, against ATC alleging
negligence, breach of contract, breach of public policy, and
wrongful discharge. That case was submitted to nonbinding
arbitration. Petitioner prepared and submitted a prearbitration
memorandum. Petitioner also conducted cross-examination during
the hearing. Petitioner sought reinstatement to his former
position with ATC, but he was not reinstated. Petitioner
rejected the arbitration award.
In 1997, petitioner entered into a Confidential Settlement
Agreement (settlement agreement) with ATC. Pursuant to the
settlement agreement, petitioner received from ATC two payments
totaling $115,000. The settlement agreement specifies that the
first payment, in the amount of $25,160, represents back wages.
This amount is not in issue here. The settlement agreement
specifies that the second payment, in the amount of $89,840,
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011