Tim Bucher , Apple ’s former senior frailty President of the United States of Macintosh Hardware Engineering , is suing the society for endpoint without cause . In a transcript of the court document obtained by MacCentral , Bucher said that Apple made his termination efficacious retroactively , thus depriving him of stock options he was vest in prior to his dismissal .
Representing Bucher , San Jose , Calif.-based solid Hopkins & Carley filed a complaint for redress in Santa Clara County Superior Court in early February , several weeks after Bucher filed a favoritism complaint aver that his termination was the result of “ sensing that he suffers from a disability . ”
“ The evidence in this casing attest that there was no causal agent for Bucher ’s termination , ” say Hopkins & Carley lead counselor Dan Pyne in a prepared command . “ During his nearly two year at Apple , he did an owing job for the company and was well - view by colleagues on the Macintosh team . This is a casing of a senior executive being deal differently than his match and hang victim to a corporate major power fun . We are sure-footed that when the facts of this case are evaluated by a jury , we will obtain . ”
Bucher get down at Apple in March , 2003 as vice Chief Executive of Macintosh Systems Development . Bucher is the beginner and chairman of Mirra Inc. , a developer of backup server products aimed at base users and little businesses . Bucher was an original applied science squad executive for WebTV and also serve as former elderly vice United States President of Consumer Products at Microsoft Corp.
Bucher enjoin that during his time at Apple he experience stock options , even salary increases and registration in an executive incentive programme . In May , 2004 , Bucher was promoted to older vice chairperson of Macintosh Hardware Engineering when Apple reorganise its collective social structure into freestanding iPod and Macintosh divisions . It was during that time , according to Pyne , that Bucher superintend the exploitation of Apple ’s Mac miniskirt .
By November , however , Bucher said it was clear that the termination of his job was imminent : He recount a conversation with Apple executive frailty President of the United States of Worldwide Sales and Operations Tim Cook in which Bucher was allegedly told “ it ’s not start to turn . ”
Bucher ’s lawyer allege that shortly after Cook and Bucher spoke , Apple CEO Steve Jobs told Bucher that mass opine Bucher was “ sometimes frenzied depressive , ” and that his coworkers did n’t “ know how to deal that . ” “ Mr. Jobs then added , ‘ I ’m not indisputable what I ’m going to do , but I think I ’m run to have to ask you to leave the Company , ' ” reads the text file .
The ax fall on November 14 , 2004 , said Bucher , when Tim Cook recite him to resign or he ’d be give the axe . In early January , Bucher receive a schematic missive noting his discharge from the company effective December 31 , 2004 , along with a final payroll check .
That final check “ … did not let in any money make up pursuant to the 2005 Executive Bonus Plan for the fiscal quarter ended on or about December 31 , 2004 , ” reads the ailment . “ Apple also cancelled the stock options scheduled to vest on January 1 , 2005 and refused to permit the plaintiff to work out them . ”
The charge cites six causes of natural process , include breach of contract for failing to accelerate vest of restricted stock ; breach of contract for bankruptcy to pay up a bonus ; rupture of the compact of good religious belief and fair dealing ; secernment ; termination in violation of public policy and violation of California Labor Code section 201 .
