- 5 - (2) the Company denied in section 3, entitled “No Company Wrong- doing”, (a) that Mr. D’Amico’s heart condition was a factor in its decision to terminate him, (b) that Mr. D’Amico suffered a heart attack as a result of his termination by the Company, and (c) that it committed any wrongdoing whatsoever in terminating his employment. Pursuant to the settlement agreement, the Company agreed to pay Mr. D’Amico (1) $62,616.45 for mental distress damages (in addition to $12,383.56 that previously had been paid to him) and (2) $10,000 in consideration for the covenants of secrecy contained in section 5 of the settlement agreement (covenants of secrecy), the release contained in section 7 of that agreement (release), and the other covenants and obligations in the settlement agreement (other covenants and obligations) to which Mr. D’Amico agreed. The Company also agreed under the settlement agreement (1) to pay the cost of Mr. D’Amico’s medical benefits through September 1994 (i.e., $902) and (2) to purchase the automobile that it was leasing from a third person and that was being used by Mr. D’Amico (leased automobile) and to transfer the ownership of that automobile to Mr. D’Amico. The sections of the settlement agreement relating to the covenants of secrecy and the release provided: 5. Secrecy. Employee acknowledges that during his employment with the Company he learned, conceived, discovered, or invented ideas, inventions, improve-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011