- 4 - Department. Attorney San Souci explained that he had been hired to review Holnam’s proposed separation agreement with petitioner, and he also pointed out that petitioner and his wife had suffered due to Holnam’s actions. After setting forth the background, beginning on page five of the letter, attorney San Souci outlined the "Potential Liability Issues", which fell into the following four categories: Holnam’s conduct toward petitioner may be deemed (1) the "cause-in-fact" for a constructive discharge; (2) a breach of express or implied promises of Holnam not to reprimand, discipline, or discharge him, absent good or just cause based on the parties’ long-term employment relationship; (3) a breach of a covenant of good faith and fair dealing based on Holnam’s supervisors’ treatment of petitioner; and (4) a violation of section 703(a)(1), title VII of the Civil Rights Act of 1964 due to discrimination with respect to petitioner (petitioner is part Native American). Attorney San Souci’s letter concluded with settlement proposals covering severance pay and compensation; accrued unpaid vacation pay, bonuses, and expenses; continuation and conversion of medical, dental, life, and disability insurance; 401(k) savings plan, pension, and stock purchase plans; favorable future recommendations and recovery of legal fees. A settlement agreement was reached between petitioner and Holnam on November 15, 1993, under which petitioner was to receive $5,336 per month for 4 months beginning after hisPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011