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system and was hired as Superintendent of Schools commencing on
August 1, 1994.
Mr. Clinton was of the opinion that United had valid reasons
to terminate petitioner's employment. United had a policy of
paying severance amounts when an employment was terminated that
typically were determined by the weekly salary multiplied by
"some number of weeks." It also had a practice of obtaining
releases from employees whose employment was terminated.
Initially, United's proposed severance payment was for 6 or 8
weeks. After discussions with petitioner, her attorney, Guy
Jackson (Mr. Jackson), and United's in-house counsel, the weekly
component of the severance pay was increased to 12 weeks. In
deciding the amount of severance pay, Mr. Clinton specifically
did not intend to compensate petitioner for any personal injury.
Petitioner did not state to Mr. Clinton any claims she felt she
may have had. He never heard that there was a claim for personal
injury from "psychological, mental and emotional distress".
At the outset of her difficulties at United, petitioner had
contacted Mr. Jackson. Mr. Jackson considered possible tort
claims of unjust dismissal and wrongful discharge and claims
based on negligent infliction of emotional distress. He also
would have considered an age discrimination claim. Mr. Jackson
had discussions with United's in-house counsel concerning
petitioner's potential claims. The release was drafted by
United, and United did not want the tort claims of unjust
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