- 17 - account of a tort or tort type claim by Mr. D’Amico alleging personal injuries or sickness. Moreover, assuming arguendo that petitioners had established what portion of the $10,000 payment was attributable to the release, on the instant record, we find that they have failed to show that any such portion was paid on account of a tort or tort type claim by Mr. D’Amico alleging personal injuries or sickness. In this regard, we do not attribute any particular weight to the general language in section 8 of the settlement agreement, which appears to be boilerplate, releasing the Company from any and all claims including, but not limited to, tort claims.6 Finally, assuming arguendo that petitioners had shown what portion of the $10,000 payment was attributable to the other 6Sec. 8 of the settlement agreement provides that the release extends to all rights and claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, that existed before the execution of this Agreement, including, but not limited to, all rights and claims involving race discrimination, sex discrimination, age discrimination, or discrimination against persons with disabilities based upon Title VII of the federal Civil Rights Act of 1964, as amended, (42 U.S.C. �2000e et seq.), the federal Age Discrimination in Employment Act, as amended, (29 U.S.C. �621 et seq.) or the federal Americans with Disabilities Act (42 U.S.C. �12101 et seq.) or similar state or local statutes, or otherwise and all claims in tort or contract related to Employee’s employment or to any acts or omissions of the Company involving Employee.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