- 4 -
termination of employment. Pertinent sections of the release
read as follows:
In exchange for the sums and benefits which you
will receive pursuant to the terms of the * * * [ITO II
Program], N. D. Lubart (hereinafter "you") agrees to
release * * * [IBM] from all claims, demands, actions
or liabilities you may have against IBM of whatever
kind, including but not limited to those which are
related to your employment with IBM or the termination
of that employment. * * * You also agree that this
release covers, but is not limited to, claims arising
from the Age Discrimination in Employment Act of 1967,
as amended, Title VII of the Civil Rights Act of 1964,
as amended, and any other federal or state law dealing
with discrimination in employment on the basis of sex,
race, national origin, religion, disability, or age.
You also agree that this release includes claims based
on theories of contract or tort, whether based on
common law or otherwise. This release does not include
your vested rights, if any, in the IBM Retirement Plan,
which survive unaffected by this release.
* * * * * * *
6. In the event of rehire by IBM or any of its
subsidiaries as a regular employee, you understand
that IBM reserves the right to require repayment
of a prorated portion of the ITO II Program
payment. The amount of repayment will be based on
the number of weeks off the IBM payroll compared
with the number of weeks' salary used to calculate
your payment.
On July 31, 1992, petitioner signed the release. At the
time of signing the release petitioner had no legal claims for
unlawful employment practices pending against IBM, nor had he
lodged any informal complaints against the company. Petitioner,
however, thought that he was forced by IBM to leave the company
and therefore had a claim against IBM for age discrimination and
emotional distress.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011