Alex Morgan Foster - Page 4

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               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 and                      





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