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May 1, 1992, denying any grounds for an ADEA claim but allowing
for further discussion. Following one or more telephone
conversations between counsel for Boehringer and counsel for
petitioner, Boehringer’s counsel again wrote to petitioner’s
counsel on June 12, 1992 (the June 12 letter). The June 12
letter recites various separation benefits that petitioner
already had received, offers “to increase the original severance
offer to * * * [petitioner] by $2,500”, offers to make the total
payment in January 1993 as requested by petitioner, and notes
that the following documents accompany the letter: (1) a draft
letter of recommendation that would be signed by the appropriate
Boehringer official and (2) a “revised Release and Settlement
Agreement”.
Subsequent to the June 12 letter, petitioner and Boehringer
entered into an agreement entitled “Settlement and General
Release Agreement” (the final agreement). The final agreement
contains numerous recitals, including the following: (1) that
petitioner’s employment relationship with Boehringer had been
terminated, (2) that petitioner “has made certain claims for
damages against * * * [Boehringer], including those set forth in
* * * [the April 23 letter]”, (3) that petitioner alleges “that
the termination of the employment relationship was unjust and
discriminatory”, and (4) that Boehringer denies those allegations
and asserts that it was legally entitled to terminate its
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