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the credit union. Petitioner never filed suit against the credit
union for libel, defamation, or any other cause of action.
Members of the board expressed serious concern at some
meetings about their possible personal liability as directors and
about a potential breach of petitioner's implied employment
contract. A claim of age discrimination was also a concern of
the board, as well as avoiding a possible suit for "wrongful
termination" under Wisconsin laws. In at least two board
meetings the members' discussion related to a settlement based on
retirement pay for petitioner.
At the May 4, 1988, board meeting petitioner's attorney
argued that petitioner committed no wrongs, that his proposed
termination would be unfair, and that he was being used as a
scapegoat for the credit union's problems. He charged that
petitioner's proposed termination was not in keeping with the
employee relations policies of the credit union. Consequently,
he stated that petitioner's proposed termination would be
regarded as a breach of his employment contract and that board
members who voted in favor of termination would be exposed to
personal liability. He stated that there would be extensive
discovery and litigation if petitioner were discharged.
In the board's executive session on May 4, 1988, a member
stated that it was necessary to determine whether the board
needed "just cause" to terminate petitioner and whether the
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