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release and settle “any and all manner of suits, actions, causes
of action, damages and claims, known and unknown” that he has or
may have against APC. The release stated that it
includes, but is not limited to, claims arising under
federal, state and local laws, including those prohibiting
employment discrimination or claims growing out of any legal
restrictions on the Company’s rights to terminate its
employees, including but not limited to the Rehabilitation
Act of 1973 * * *, the Age Discrimination in Employment Act
of 1967, * * * Title VII of the Civil Rights Act of 1964,
* * * the Civil Rights Act of 1991, * * * the Americans with
Disabilities Act, * * * and the Employee Retirement Income
Security Act * * *.
On October 19, 1994, petitioner sent APC a letter demanding
severance pay and asserting that his right thereto was not
conditional on the execution of any release. On October 24,
1994, APC responded by letter stating, “One of the eligibility
criteria for severance pay is the execution of a Release
generally in the form presented to you.” The letter requested
that petitioner notify APC if he wished to suggest modifications
to the release.
By letter dated November 15, 1994, petitioner asserted that
APC’s failure to pay him severance pay would constitute “Common
Law Fraud”. By letter dated December 1, 1994, petitioner
asserted to APC that he was the victim of age discrimination.
APC did not respond to these letters.
After consulting a number of attorneys, on January 6, 1995,
petitioner signed the release and received from APC severance pay
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Last modified: May 25, 2011