- 4 - not hired. On August 1, 1989, petitioner executed a Final Claim Form in the class action suit, challenging the February 1, 1976, appointment of Donald B. Buchanan.3 Petitioner subsequently became a claimant in the class action suit against State Farm. In November of 1991, petitioner and State Farm entered into a "Settlement Agreement and General Release" (settlement agreement), which provided in relevant part: 1. For and in consideration of the sum of $75,000.00, less all required payroll deductions applicable to the period of Trainee Agency, if any, Carolyn L. Raney * * * does hereby completely release and forever discharge * * * [State Farm] * * * from any claim * * * or liability of any and every kind based on any federal, state, or local law, statute, or regulation (hereinafter "Claim") which arose prior to the execution of this Settlement Agreement and General Release, and which were raised, or could have been raised in the above-captioned case, as well as any and all Claims arising out of or relating to any alleged discriminatory, improper, or unlawful act or omission of State Farm in connection with any term or condition of employment or independent contractor status or the process of securing or attempting to secure employee or independent contractor status including, without limitation, recruitment, selection, hiring, job assignment, job transfer, training, promotion, or termination, which she may have filed or caused to be filed * * * prior to the execution of this Settlement Agreement and General Release. * * * * * * * 3 Before petitioner filed the Final Claim Form, on or around Jan. 13, 1988, a Consent Decree Regarding Monetary Relief, Instatement Relief, and Notice (consent decree) was filed in the class action suit in which the parties to the class action suit, inter alia, reached an agreement as to the remedy phase of the litigation. Section A of exhibit 9 to the consent decree provides, at par. IV.E.2.c., that "Negotiated Settlements are not governed by the calculation rules for any of the types of damages available under this [Consent] Decree." Petitioner alleges that she had never seen the consent decree until she received a copy from respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011