TTEC HOLDINGS, INC. filed this Form 10-K on 03/06/2019
Entire Document


Agreement. If the separation agreement and legal release referenced above is not signed within thirty (30) days from the date that such agreement is presented to Ms. McLean (which the Company shall present no later than fifteen (15) days after the effective date of Employee’s termination), then Ms. McLean waives her right to receive any severance compensation pursuant to this Agreement, even if Ms. McLean were to successfully litigate any claim against the Company and/or TTEC Parent.

c.    Termination by the Company for Cause.  The Company may terminate this Agreement with no notice for Cause, as that term is defined in Paragraph 6(g), with the Company's only obligation being the payment of any salary and compensation earned as of the date of termination, and any continuing obligations under the Company benefit plans then in effect, and without liability for severance compensation of any kind, including Severance set forth in Paragraph 6(b).

d.    Termination by Employee. Ms. McLean is not entitled to severance compensation if she voluntarily terminates her employment with the Company. Termination by Employee for “Good Reason” (as the term is defined in Paragraph 6(j)) shall constitute Termination without Cause by the Company for purposes of this Agreement.

e.    Termination upon Employee’s Death.  This Agreement shall terminate immediately upon Employee’s death. Thereafter, the Company shall pay to the Employee’s estate all compensation fully earned and benefits fully vested as of the last date of Employee’s continuous, full-time active employment with the Company.  For purposes of this Agreement, continuous, full-time active employment shall be defined as the last date upon which Employee continuously performed her job responsibilities on a regular, full-time basis consisting of at least 35 hours per week, and in the usual course of the Company’s business (“Continuous Full-Time Active Employment”).  In case of Employee’s death, the Company shall not be required to pay any form of severance or other compensation concerning or on account of the Employee’s employment with the Company or the termination thereof.

f.     Termination Due to or Following DisabilityDuring the first ninety (90) calendar days after a mental or physical condition that renders Employee unable to perform the essential functions of her position with reasonable accommodation (the “Initial Disability Period”), Employee shall continue to receive her 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 her 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 event in connection with a 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