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faction with certain aspects of Mr. D’Amico’s work performance
for the Company.
On September 27, 1993, Mr. Sneddon wrote another memorandum
(Mr. Sneddon’s second memorandum) to Mr. D’Amico. That memoran-
dum informed Mr. D’Amico that his employment with Heinz Bakery
Products was terminated, outlined the terms of a severance
package that the Company was offering to him (severance package),
and indicated that Mr. D’Amico had a period of 21 days within
which to sign a release form indicating his acceptance of the
severance package. Mr. D’Amico suffered a second heart attack on
September 27, 1993, the date of Mr. Sneddon’s second memorandum
to him.
In October 1993, Mr. Sneddon sent a letter to Mr. D’Amico in
which Mr. Sneddon indicated that, because of Mr. D’Amico’s
hospitalization as a result of his second heart attack, the
Company was extending until November 2, 1993, the period within
which Mr. D’Amico was permitted to sign a release form indicating
his acceptance of the severance package.
In October 1993, Mr. D’Amico retained Thomas S. Gill (Mr.
Gill), an attorney, to represent him regarding the Company’s
termination of his employment. On October 21, 1993, Mr. Gill
wrote a letter on behalf of his client Mr. D’Amico (Mr. Gill’s
October 21, 1993 letter) to Daniel Vogus (Mr. Vogus), an attorney
for Heinz Bakery Products. Mr. Gill’s October 21, 1993 letter
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