The stated ground for the program is employee retention which, Debtor claims, is particularly acute due to the ‘uncertainty’ caused by the bankruptcy process. The Debtor makes no effort to explain how spending an additional $1.4 million per quarter on select management employees will make it more certain that it will emerge from the proceedings as a going concern. That is, how does lavish spending on additional bonuses for management employees reduce (rather than increase) the uncertainty that the Company as a whole will emerge in sound fiscal shape? It does not, and that fact shows the disconnect between the stated purpose of the program and its likely outcome. Moreover, Debtor makes no effort to explain how the “uncertainty” does not affect the rank and file employees just as much as management. Debtor also makes no effort to explain how the rank and file are not as essential to the enterprise as the management employees it has unilaterally determined to provide a bonus to.”
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