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On June 17, 1979, petitioner sought employment as a State Farm
trainee agent but was not hired. She subsequently became aware of
the class action suit against State Farm and became a plaintiff in
the suit. On February 6, 1992, petitioner and State Farm entered
into a "Settlement Agreement and General Release" (settlement
agreement), which provided in relevant part:
1. For and in consideration of the sum of
$186,677.00, and potential additional payments
of up to $18,000.00 as provided in Paragraph 13
below, * * * less all required payroll
deductions applicable to the period of Trainee
Agency, if any, and inclusive of attorneys's
[sic] fees and costs to which * * *
[petitioner] Cheryl Denese Brewer or Claimant's
Counsel is entitled on a prevailing party basis
but excluding attorneys' fees and costs as set
forth in Paragraph 4 below, Cheryl Denese
Brewer * * * does hereby completely release and
forever discharge * * * [State Farm] * * * from
any claim * * * or liability of any and every
kind based on any federal, state, or local law,
statute, or regulation, excepting only claims
for worker's compensation benefits,
(hereinafter "Claim") which arose prior to the
execution of this Settlement Agreement and
General Release, and which was raised, or could
have been raised in the above-captioned case,
as well as any and all Claims (including, where
applicable, claims under the federal Age
Discrimination in Employment Act) arising out
of or relating to any alleged discriminatory,
improper, or unlawful act or omission of State
Farm in connection with any term or condition
of employment or independent contractor status
or the process of securing or attempting to
secure employee or independent contractor
status including, without limitation,
recruitment, selection, hiring, job assignment,
job transfer, training, promotion, or
termination, which arose prior to the execution
of this Settlement Agreement and General
Release.
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