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SETTLEMENT AGREEMENT A:
ADAM MACLEAN, ET AL OF WROX PRESS INC.
AND EX-WROX PRESS INC. EMPLOYEE GALE A.
IN CHARGES OF 720 ILCS 135/1-1 and 720 ILCS 135/1-2
AND IN FORMAL COUNTER COMPLAINTS OF 820 ILCS 115/1 ET SEQ.
- Adam Maclean and Robert Greenman of Wrox Press Inc. (Wrox) agree to dropping all charges and complaints against Gale A. to date including but not limited to those per 720 ILCS 135/1-1 and 720 ILCS 135/1-2.
- Adam Maclean and Robert Greenman of Wrox and each of its existing, former and future owners, officers, and managers agree to abide by the Illinois State Employment Contract Act as detailed in 820 ILCS 115/1 et seq. and pay its terminated employee, Gale A., her earned wages and wage supplements which Gale A. has detailed in an invoice to Wrox and filed as Exhibit D in Case 99329469 and which include payments for three quarter bonus periods: currently UNPAID, one and one-half week vacation's pay: UNPAID, sales awards: UNPAID, sales expenses: UNPAID, personal items lost at time of termination: UNPAID, commissions due per uncapped commission plan agreement entered into sometime in December of 1997: UNPAID and which invoice includes interest.
- Adam Maclean, Robert Greenman and all owners and managers of Wrox agree to pay these wages and wage supplements owed Gale A. on or before 15 days after the date of the signing of this agreement.
- Gale A. agrees to drop her formal complaints against Adam Maclean and Robert Greenman of Wrox Press with the States Attorney and agrees not to turn to the Illinois Department of Labor for Adam Maclean and Robert Greenman's violation of 820 ILCS 115/1 et seq and their 268 offenses against her as of the date of March 16, 2000, and which offenses are accumulating for each day after the date of June 23, 1999 that Adam Maclean and Robert Greenman of Wrox Press have willfully refused payment.
- Gale A. agrees to completely stop her direct communications campaign against Adam Maclean, Robert Greenman and other owners and workers of Wrox Press Inc. in order to obtain her earned wages and wage supplement payments from Wrox due her under the Illinois Employment Contract Act.
- Gale A. agrees to completely stop her direct communications campaign against Adam Maclean, Robert Greenman and other owners and workers of Wrox Press Inc. in order to obtain other claim damages she deems are owed to her, which she can obtain only through pursuing civil litigation.
- Gale A. arrived at the figure in this settlement in a fair manner, knowing how much business she obtained for Wrox in 1998 through 1999.
- Should Adam Maclean and Robert Greenman et al of Wrox dispute the amount of wages and wage supplements Gale A. claims are owed her, they then agree to allow her to bring into their offices at Wrox' expense and at Gale A.' convenience objective expert financial analysts among possible others as reasonable and as hired by Gale A. to:
- examine including but not limited to Wrox accounting books and records, IRS statements, accounting records of any and all book distributors for Wrox, bank statements, databases, spreadsheets;
- talk with including but not limited to: Wrox employees and ex-employees, auditors, bankers and INS agents
- and wherein Wrox agrees to abide by these professionals' assessments of what Wrox owes Gale A. in wages and wage supplement payments according to the uncapped bonus plan she had with Adam Maclean which was if she were 20% over her target, she would receive 120% of her bonus, 50% over her target, 150% of her bonus, etc. and wherein Wrox agrees to pay this determined amount within 15 days of the assessments.
- Upon accepting and paying the amounts Gale A. claims are owed her in her Invoice to Adam Maclean and Robert Greenman et al of Wrox while avoiding the steps mentioned in paragraph 8 of this agreement, Wrox will have 30 days after signing this agreement to change their minds about the amounts of money owed Gale A. and accept outside analysts to determine the amount as detailed in paragraph 8 of this agreement, in which case monies Wrox already paid to Gale A. per terms of paragraph 3 of this agreement will be adjusted according to the outcome of the outside analysis.
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