|TTEC HOLDINGS, INC. filed this Form 10-K on 03/06/2019|
f. Termination Due to or Following Disability. During the first ninety (90) calendar days after a mental or physical condition that renders Employee unable to perform the essential functions of his position with reasonable accommodation (the “Initial Disability Period”), Employee shall continue to receive his Base Salary pursuant to Paragraph 2(a) of this Agreement. Thereafter, if Employee qualifies for benefits under the Company’s long-term disability insurance plan (the “LTD Plan”), then Employee shall remain on leave for as long as Employee continues to qualify for such benefits, up to a maximum of 180 consecutive days (the “Long-term Leave Period”). The Long-term Leave Period shall begin on the first day following the end of the Initial Disability Period. During the Long-term Leave Period, Employee shall be entitled to any benefits to which the LTD Plan entitles Employee, but no additional compensation from the Company in the form of salary, performance bonus, equity grants, allowances or otherwise. If during or at the end of the Long-term Leave Period Employee remains unable to perform the essential functions of his position, then the Company may terminate this Agreement and/or Employee’s employment. If the Company terminates this Agreement or Employee’s employment under this Paragraph 6(f), the Company’s payment obligation to Employee shall be limited to all compensation fully earned, and benefits fully vested as of the last date of Employee’s continuous, full-time active employment with the Company.
g. Definition of “Cause”. For purposes of this Agreement, “Cause” shall have the following meaning:
(i) Fraud, theft, embezzlement (or attempted fraud, theft, embezzlement), dishonest acts or illegal conduct;
(ii) Other similar acts of willful misconduct on the part of Employee resulting in damage to TTEC Parent or the Company;
(iii) A material breach by the Employee of this Agreement;
(iv) Use of any controlled substance or alcohol while performing Employee’s duties except as part of a TTEC Parent or Company-sponsored business-related social engagement, such as a trade conference or customer entertainment, but only in moderation and in a professional manner that reflects positively on TTEC Parent and the Company; with visible inebriation at a business-related social engagement constituting a cause for immediate termination;
(v) A breach of a fiduciary duty that results in an adverse impact to TTEC Parent or the Company or in personal profit to the Employee (as determined by the Company based on its conflict of interest policies outlined in the TTEC Ethics Code);
(vi) Use of trade secrets or confidential information of TTEC Parent or the Company, other than in pursuit of TTEC Parent or the Company’s business;
(vii) Aiding a competitor of TTEC Parent, unless performed in the ordinary course of TTEC Digital Technology business and contracted for work; or
(viii) Failure by Employee in the performance of his duties that results in material adverse effect on TTEC Parent, the Company or TTEC Parent subsidiary companies.