- 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