Gary Lee Colvin - Page 4




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               During 2000, petitioner was a computer hardware salesperson            
          for TIG.  Petitioner signed a “formal offer of employment” on May           
          3, 2000, to indicate his acceptance of employment.  An                      
          “Employment and Commission Agreement” (employment agreement)                
          between TIG and petitioner was executed by petitioner on May 9,             
          2000.3  Petitioner initialed the lower right corner of every page           
          on a space entitled “Employee” and signed the last page of the              
          agreement.  The employment agreement provides in pertinent part:            
               1.   Employment. Employer engages Employee to serve as                 
               an Account Executive, and Employee hereby accepts such                 
               an engagement upon the terms and conditions set forth                  
               herein.                                                                
               2.   Term. This Agreement is for an initial period of                  
               one (1) year but is terminable by either party, with or                
               without cause, at any time with or without notice.                     
               This Agreement will continue to govern the employment                  
               relationship for additional one (1) year terms unless a                
               new agreement is negotiated and executed.                              
               3.   Duties. Employee shall perform such duties as are                 
               customarily performed by an Account Executive, and such                

               3Petitioner, in the joint stipulation, objected to the                 
          admission into evidence of Exhibit 26-R, the unemployment                   
          agreement and related employment documents, from TIG on the                 
          grounds of:  (1) Lack of foundation; (2) hearsay; (3) Fed. R.               
          Evid. 106; (4) petitioner lacks personal knowledge of their                 
          creation; and (5) respondent has failed to identify the                     
          individual who allegedly created the documents.  Respondent                 
          obtained the documents from TIG pursuant to a subpoena duces                
          tecum.                                                                      
               The Court concludes that Exhibit 26-R does not lack                    
          foundation.  The documents are business records, some bear                  
          petitioner’s signature or initials, and are admissible.  The                
          Court concludes that the documents are complete.  Petitioner’s              
          remaining arguments are meritless.  Accordingly, Exhibit 26-R is            
          admissible.                                                                 






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