Earthlink 2013 Annual Report Download - page 167

a non-
Affiliate entity (regardless of the structure or method of such acquisition) and such employee is receiving
severance pay or other similar amounts under any employment or other agreement, policy, plan, program or
arrangement covering such employee’s previous employment with such non-Affiliate entity;
•
in case of a sale of a business operation, or part of a business operation, the employee is offered
employment with the purchaser with the same or higher level salary or wages at employee’
s current location or at
another location within fifty (50) miles of employee’
s current location of employment, whether or not employee
accepts such offer;
•
the employee terminates employment due to his or her employer outsourcing that employee’
s job or
function if the employee is offered employment with the vendor that will continue to provide the job or function
that employee previously provided, with the same or higher level salary or wages, at employee’
s current location
or at another location within fifty (50) miles of employee’
s current location of employment, whether or not
employee accepts such offer;
•
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 Company’
s
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 prior to the employee’
s right to the severance pay and benefits becoming
vested hereunder.
Termination of Employment
From time to time, individual Business Divisions within the Company or an Affiliate will identify an employee whose
employment will be terminated, and will provide this information to Human Resources (“HR”).
The Business Divisions will provide HR with the reasons for the termination of employee’
s employment. HR will
document the business reasons for the termination of employment. The Company is committed to the practice of non-
discrimination.
1
Termination Categories
When the eligible employee’s employment is terminated, there are four potential scenarios for the eligible employee.
3