Exhibit 10.1
AMENDMENT TO EMPLOYMENT AGREEMENT
Amendment made this 5th day of October, 1999 to Employment Agreement
("Employment Agreement") entered into on September 1, 1998 by and between
ACCUFACTS PRE-EMPLOYMENT SCREENING, INC., ("ACCUFACTS"), a New York corporation
("Corporation") with offices located at 0 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx
00000 and XXXXXX XXXXXX ("Employee"), residing at 000 Xxxx Xxxxxxxx, Xxxx Xxxxx,
Xxx Xxxx 00000.
This Amendments amends the Employment Agreement among the parties
originally entered into on September 1, 1998 as follows:
1. Section 7 is deleted in its entirety and a revised Section 7 reading as
follows is inserted in lieu thereof:
"Section 7. Termination.
Except for the provisions in Section 22, in the event the Corporation
elects to terminate Employee without cause, it shall continue to pay to
Employee, the salary at the rate in effect on the Effective Termination Date,
for a period of two years. The effective termination date shall be that date so
stated in the corporation's Notice of Termination. This provision shall also
apply in the event of a change of control of the Corporation. For purposes of
this Agreement, a "Change in Control" of the Company shall occur if any "person"
(as such term is used in Sections 13 (d) and 14 (d) of the Securities Exchange
Act of 1934, as amended (the "Exchange Act")) become the "beneficial owner" (as
defined in Rules 13d-3 and 13d-5 under the Exchange Act, of more than fifty
(50%) percent of the voting stock of the Corporation other than through the sale
of Employee Corporate Shares owned by Employee."
2. Section 8 is deleted in its entirety and a revised Section 8 reading as
follows is inserted in lieu thereof:
"Section 8. Non Compete. In the event Employee is terminated with cause
then Employee agrees not to engage in the business of the corporation with any
other company, sole proprietorship or other entity, as employee, consultant or
otherwise for a period of two (2) years. The corporation shall be entitled to
all remedies provided by law including but not limited to injunctive relief and
the termination of any post termination payments to which employee would be, but
for this breach, be entitled. Upon Termination without Cause, Employee shall not
be subject to any non competition restrictions."
3. Section 22 is deleted in its entirety and a revised Section 22 reading
as follows is inserted in lieu thereof:
"Section 22. In the event employee is discharged for cause which shall
include but not be limited to conviction of a felony, or is in material breach
of his duties under this agreement, then the Corporation at its option may
terminate this agreement, and the employee shall not be entitled to any post
termination payments as provided in Section 7 hereof."
4. Except as provided above, the Employment Agreement remains in full force
and effect with no other amendments.
WHEREFORE, the parties have hereunder set their hand and seal on the day
above written.
ACCUFACTS PRE-EMPLOYMENT
SCREENING, INC.
by: /s/ Xxxx Xxxxxxx
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XXXX XXXXXXX, Vice President
by: /s/ Xxxxxx Xxxxxx
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XXXXXX XXXXXX, Employee
