Earthlink 2008 Annual Report Download - page 175

• the employee accepts another position with the Company or with an Affiliate of the Company (“Affiliate” means
any entity with whom the Company would be considered a single employer under Sections 414(b) or 414(c) of the Internal Revenue
Code of 1986, as amended (the “Code”));
• the employee is offered another position within the Company or an Affiliate, with the same or a higher level of
salary or wages, at the employee’s current location of employment or at another location within fifty (50) miles of the employee’s
current location of employment;
• the employee is assigned to any part of the Company’s or an Affiliate’
s business that is sold or otherwise transferred
to a different company, whether or not the employee retains his or her job with such other company;
• the termination of the employee’s employment entitles the employee to benefits under any employment agreement,
severance agreement or other termination or separation agreement between the employee and the Company or an Affiliate;
• the termination of the employee’s employment entitles the employee to benefits under the EarthLink, Inc. Position
Elimination and Severance Plan for Eligible Employees Continuously Employed Since December 31, 2007, the EarthLink, Inc. Position
Elimination and Severance Plan for Eligible Employees Whose Current Employment Started on or after January 1, 2008, the
EarthLink, Inc. Change-in-
Control Accelerated Vesting and Severance Plan, the EarthLink Network, Inc. Key Employee Compensation
Continuation Plan, the EarthLink Accelerated Vesting and Compensation Continuation Plan, or any other similar severance or
compensation continuation plan of the Company, its Affiliates or any of their predecessors; or
• the Plan is terminated.
Position Elimination
From time to time, individual Business Divisions within the Company will identify positions to be eliminated, and the employees in those
positions, and will provide this information to Human Resources (“HR”).
The Business Divisions will provide HR with the reasons for the elimination of the position. HR will document the business reasons for the
position elimination. The Company is committed to the practice of non-discrimination.
Position Elimination Categories
When a position is eliminated there are four potential scenarios for the eligible employee.
I. The employee’s current position is eliminated and the employee is offered another position with the Company or an Affiliate with the
same or a higher level salary or wages at the employee’s current location of employment, or at another location within fifty (50)
2