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By letter dated March 9, 1992, from Boehringer (the March 9
letter), petitioner was notified that, effective May 4, 1992, he
would be permanently laid off as part of a restructuring within
the company (the restructuring). Petitioner was one of a number
of Boehringer employees laid off on account of the restructuring
(the laid off employees). The laid off employees were offered a
package of benefits. Among those benefits was a payment entitled
“special severance payment”. The amount of the special severance
payment offered to a particular laid off employee was determined
pursuant to a generally applicable schedule that took into
account years of service and base salary. The amount of the
special severance payment offered to petitioner was $112,542.21.
Petitioner was given until April 30, 1992, to accept that special
severance payment by signing an agreement entitled “separation
agreement” (the separation agreement). Petitioner did not sign
the separation agreement and, as a result, did not receive the
special severance payment offered to him. Petitioner retained a
lawyer who wrote to Boehringer on April 23, 1992 (the April 23
letter), stating that Boehringer’s termination of petitioner’s
employment violated the “Age Discrimination in Employment Act
(‘ADEA’), 29 U.S.C. � 621 et seq.” (ADEA). The April 23 letter
invites settlement but threatens litigation “under the ADEA and
any other theories that are meritorious.” By counsel, Boehringer
responded to the April 23 letter with a letter of its own, dated
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