- 5 -
employment was terminated after the expiration of the ITO II
program. Petitioner perceived Andersen's recommendation as a
form of ultimatum. Out of concern that he would be terminated
without further benefits, petitioner agreed to participate in the
ITO II program.
As a condition of receiving the lump-sum payment and
benefits pursuant to the ITO II program, petitioner was required
to sign a General Release and Covenant Not to Sue (the release).
Petitioner signed the release on July 31, 1992. The release is
broadly written and covers any and all possible and potential
claims in contract or in tort arising from employment or
termination of employment, including any claims against IBM
arising under the Americans with Disabilities Act. Americans
with Disabilities Act of 1990 (ADA), Pub. L. 101-336, sec. 2, 104
Stat. 328 (current version at 42 U.S.C. sec. 12101 (1994)); Civil
Rights Act of 1991, Pub. L. 102-166, sec. 102, 105 Stat. 1072
(current version at 42 U.S.C. sec. 1981a (1994)). 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], J. Ray Phillips[2] (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
2 The name J. Ray Phillips was typewritten in a blank space
provided in the release.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011