Amendment to Employment Agreement
This Amendment to the Employment Agreement dated May 19, 1995 (the
Amendment") by and between Star Multi Care Services, Inc., a New York
corporation with its principal offices at 33 Xxxx Xxxxxxx Xxxx, Xxxxxxxxxx
Xxxxxxx, Xxx Xxxx 00000 (the Company") and Xxxxxxx Xxxxxxx residing at 00
Xxxxxxx Xxxx Xxxxxxxxx, Xxx Xxxx 00000 (the "Employee").
W I T N E S S E T H
WHEREAS, the Company desires to continue to employee the Employee, and
WHEREAS, the Employee desires to continue to be employed by the Company,
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Term. The Employee's term of employment under this Amendment shall commence
on May 19, 1997 (the "New Commencement Date") and shall continue for a period of
twenty-four (24) months thereafter, unless terminated under the terms and
conditions herein (the "New Employment Term").
2. Duties. The Employee shall be fully responsible for the operations of the
Company, and to perform such other duties and services as shall from time to
time be designated by the Board of Directors or the Chief Executive Officers of
the Company, Employee shall be based in the New York metropolitan area and shall
have the title of Vice President - Operations.
3. Compensation. From the New Commencement Date through May 31, 1997, the
Employee shall receive an annual salary of One Hundred Thousand Dollars
($100,000), subject to all required federal, state and local payroll deductions.
Commencing on June 1, 1997 through the expiration of the New Employment Term,
the Employee shall receive an annual salary of One Hundred Seventeen Thousand
and Five Hundred Dollars ($117,500). In addition, the Employee shall receive an
annual bonus equal to five percent (5%) of the pre-tax income of the Company,
excluding all extraordinary items, not to exceed Twenty-five Thousand Dollars
($25,000).
Additionally, the Company shall pay the Employee up to Four Hundred Dollars
($400) per month for the Employee's automobile obligations upon the presentation
of invoices or other documentation therefor.
4. Employee Benefits. The Employee shall receive all employee benefits that are
made available to other senior executives of the Company. Paragraph 7 of the
Employment Agreement dated May 19, 1995 (the "Employment Agreement") is hereby
stricken and shall no longer be effective.
5. Restrictive Covenant. Section 11 of the Employment Agreement shall be revised
and amended as follows:
(a) References to LINR shall be substituted with the Company
(b) Subparagraph 11(b)(i) shall be replaced in its entirety by: Employee
will not, at any time prior to the second anniversary of the New
Commencement Date, engage in or participate in any business activity,
including, but not limited to, acting as a director, officer,
employee, agent, independent contractor, partner, consultant, licensor
or licensee, franchisor or franchisee, proprietor, syndicate ember, or
shareholder that operates a licenced or certified home care services
agency in the New York metropolitan area and any county in which the
Company and/or any subsidiary or affiliate operates.
6. Notices. Notice to the Company shall be sent to:
Xxxxxxx Xxxxxxxxx
33 Xxxx Xxxxxxx Road
Suite 332
Huntington Station, New York 11746
with a copy to:
Xxxxxxxx X. Xxxxx, Esquire
Xxxxx & Xxxxxx, X.X.
Xxxxx Xxxxxx Xxxxx
Xxx Xxxxx, Xxx Xxxx 00000
and Notice to the Employee shall be sent to:
00 Xxxxxxx Xxxx
Xxxxxxxxx, Xxx Xxxx 00000
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7. Additional Terms. All other terms and conditions appearing in the Employment
Agreement shall remain in full force and affect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
appearing below:
STAR MULTI CARE SERVICES, INC. XXXXXXX XXXXXXX
By:/s/Xxxxxxx Xxxxxxxxx By:/s/Xxxxxxx Xxxxxxx
----------------------- -----------------------
Title: Chairman of the Board, President
Chief Executive Officer
Date: April 10, 1997 Date: April 10, 1997
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