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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

 

PURSUANT TO SECTION 13 OR 15(D) OF

THE SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of earliest event reported): May 16, 2022

 

Energy Services of America Corporation

(Exact Name of Registrant as Specified in its Charter)

 

Delaware 001-32998 20-4606266
(State or other Jurisdiction
of Incorporation)
(Commission File
Number)
(I.R.S. Employer
Identification No.)

 

75 West 3rd Ave., Huntington, West Virginia 25701
(Address of Principal Executive Offices) (Zip Code)

 

Registrant’s telephone number, including area code: (304) 522-3868  

 

Not Applicable

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class Ticker symbol(s) Name of each exchange on which registered
Common Stock, Par Value $0.0001 ESOA The Nasdaq Stock Market LLC

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company ¨

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

 

 

 

 

 

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

 

On May 16, 2022, Mr. Robert N. Riddle, Jr. resigned as Chief Operating Officer of Energy Services of America Corporation (the “Company”) effective immediately. Pursuant to the resignation, the Company and Mr. Riddle agreed to the Severance Agreement, Waiver and Release of Claims (“Agreement”) attached as Exhibit 10.1 to this Current Report on Form 8-K and incorporated by reference. As part of the Agreement, the Company agreed to pay $100,000 in severance to Mr. Riddle in return for the release and forever discharge of any and all causes of action, claims, demand, suits, damages, losses, expenses, injuries, sums of money, and/or judgements including but not limited to any and all matters relating to his employment with the Company or the resignation of his employment from the Company.

 

 

Item 9.01 Financial Statements and Exhibits

 

(d) Exhibits

 

Exhibit 10.1 Severance Agreement, Waiver and Release of All Claims dated May 17, 2022

Exhibit 104 Cover Page Interactive Data File (embedded within the Inline XBRL document

 

 

 

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.

 

  ENERGY SERVICES OF AMERICA CORPORATION
   
DATE:  May 19, 2022 By: /s/Charles Crimmel
    Charles Crimmel
    Chief Financial Officer