Richard and Margaret Sherman - Page 12




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          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 to         





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