- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007