Joseph Tamberella - Page 3

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          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,                






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