- 4 - started to accrue damages such as lost wages I suggest you consider the following offer of settlement. This is not to be construed as an admission of liability but merely as an offer of settlement. * * * A lump sum payment to me amounting to 8 months salary and benefits, ignoring deductions which would normally be made under payroll conditions, should be paid to me forthwith. In my opinion a court or jury would find at least one years salary would be in order as damages if it is found that General Counsel breached an employment agreement to employ me. Shortly after his receipt of the March 1, 1989, letters, Anacker instructed Kahn to prepare a memorandum detailing the events surrounding petitioner's termination. A copy of this memorandum was introduced at trial. Bearing the date March 2, 1989, the memorandum essentially sets forth Kahn's belief that petitioner had produced substandard work while at ABMI. Kahn states therein that petitioner was given several opportunities to improve his performance, but failed to do so. At some point, soon after Kahn prepared his memorandum, Anacker met with petitioner. During this meeting, the two apparently reached an understanding regarding petitioner's grievances. Thereafter, Anacker had a proposed settlement agreement executed on behalf of ABMI and sent to petitioner. In relevant part, the proposed agreement provided petitioner a lump- sum payment in the amount of $20,000 to satisfy any and all claims, known or unknown, against ABMI. Subsequent to his receipt of the proposed settlement agreement, petitioner sent two additional personal andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011