- 12 - of action against IBM for age discrimination which could be brought either in contract or tort and that petitioner intended to institute such a lawsuit in tort. The language of paragraph 6 of the settlement agreement is clear. In exchange for $207,000, Mr. Sherman agreed to release IBM from all claims and actions, whether based in contract or in tort. Specifically, petitioner agreed to release IBM from all claims arising from "any * * * law pertaining to employment, including but not limited to, discrimination or retaliation in employment based on sex, race, national origin, religion, disability, veteran status, age and the filing of an unfair labor practice charge" as well as any claims based "on theories of contract or tort". (We note that the mere listing of a specific cause of action in the settlement agreement does not prove that petitioner actually possessed such a claim against IBM. In fact, the settlement agreement states: "Nothing in this agreement shall be construed as or constitute an admission with respect to the validity of any claims or allegations which Mr. Sherman has made or could have made concerning his employment with IBM or with respect to any other matter.") Moreover, there is no allocation of the $207,000 payment to or among any claim or claims petitioner may have had against IBM. The settlement agreement neither mentions any specific injury sustained by petitioner nor states that the amount petitioner is toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011