February20,2013

Upon the advice oflegalcounsel,I am writing in response to our meeting of February 13, 2013 with RonneProchand BenDeMichael.What I had hoped to be a quick and amicable meeting tooksome interesting turns.

I must say,Iamtaken aback by both Ronne’s unwillingness to call me “fired” and also to confirm payment of myearned2012 SIP.This firing(constructive firing), demotion or whatever youare comfortable calling it gave meonly one option, to submit my letter of resignation andtoseekother employment.

The factschronologicallyare:

  1. I was told inNovemberthere wasgoing to be astaffing change and a new Controller was coming in for 2013,
  2. First I was told Ben would be hereand take overin January, thenlaterFebruary, thenprobablyMarch.
  3. Benbeganto come in Decemberfor executive meetings anddecision making responsibilities.
  4. I stay and primarily continue to work on problems with new payroll provider.
  5. Ronneand I talked in January. We spoke of other opportunitiesherefor me;but itwouldultimately beBen’s decision.
  6. During the same January meetingI askedRonneabout my SIP and he statedthatI would still receive my SIPand that he would make sure “I had health insurance”.
  7. I laterthat monthspoke with BobZab, part-time CFO,and he too confirmed that the SIP payment was noproblem;he alsostated that there would“be a job for me”.
  8. I find outin our February meetingthat:
  • Ronne’s commitmentregardinghealth insurance was only acomment to mean–“he would provide Cobra until the end of the year”, and
  • The plan they had in mind was to retain me:a)only through the audit at the end of February andb)then they revised it to the end of March to tie up loose ends. (This plan was never communicated to me.)
  1. After being replaced, being, told my replacement would determine my future, having a need for income and health insurance; I began to seek employment. Thankfully a new employer has offered me a position that I haveaccepted.

However…

  • Ron and Bob both confirmed my SIP with nostipulations;therefore,I really didn’t think there was a question regarding my SIP.
  • Had I knownthis wasgoing tobechallenged,Iwould have easily changedthestart datefor my new employer.
  • With an agreed to last work day of February 22, 2013, and an official last day of March 21, 2013, due to 19 vacation days,I meet the requirements to be paidmy full SIP payment.
  • For this reason and more including, but not limited to, future assistance(with fair and equitable payment), I believe it is in the mutual interest of all concerned to pay my full earnings, including SIP payments.

Sincerely,

Beth A. Harding