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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 his
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