Earthlink 2013 Annual Report Download - page 166

discontinuance of a business operation or other job or position elimination caused by lack of work, except as otherwise
provided herein. The Company, as the Administrator of the Plan, shall in its sole discretion determine in all cases
whether an employee is eligible for severance pay and benefits under the Plan. If an eligible employee regularly works
less than forty (40) hours per week, severance pay and benefits under the Plan will be prorated according to the
employee’
s established workweek. Independent contractors, consultants, individuals performing services through an
independent contractor, consulting or similar agreement, leased employees and temporary or seasonal employees are not
eligible to participate under the Plan.
Conditions of Ineligibility
An otherwise eligible employee shall not be eligible for severance pay and benefits under the Plan if:
•
the employee ceases to be an eligible employee as described above, other than as a result of a
reduction in the workforce, layoff, sale or discontinuance of a business operation or other job or position
elimination caused by lack of work;
•
the employee is involuntarily terminated for reasons other than a reduction in the workforce, layoff,
sale or discontinuance of a business operation or other job or position elimination caused by lack of work,
including without limitation any involuntary termination because of performance issues or any other employer-
initiated termination or discharge of an at-
will employee other than as the result of a reduction in work force,
layoff, sale or discontinuance of a business operation or other job or position elimination caused by lack of work;
•
the employee retires, resigns, quits, dies, terminates employment on account of a disability or
abandons his or her position;
•
the employee accepts another position with the Company or with an Affiliate of the Company;
•
the employee is offered another position with the Company or an Affiliate of the Company, 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, whether or not employee
accepts such offer;
•
the employee is eligible for sick or short-term disability benefits or workers’ compensation;
•
the employee is eligible for long-term disability benefits and/or Social Security benefits;
•
the employee is on an approved leave of absence;
•
the employee becomes eligible under the Plan as the direct result of the acquisition by the Company
or any Affiliate of the business, assets or ownership interest of
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