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meeting, Mr. Lueck asked petitioner to leave the Okabena offices
and not to return until further notice. Petitioner departed and
never returned to Okabena.
The Negotiations
From April 15 to June 21, 1993, petitioner, Mr. Roth,
Okabena officials, and Okabena’s attorneys engaged in
negotiations to resolve the matter and to formulate a severance
package for petitioner. Several meetings were held regarding the
terms and conditions of petitioner’s termination from Okabena.
The negotiations between Okabena and petitioner were adversarial.
At the first meeting, on or about April 15, 1993, petitioner
and Mr. Roth met with Mr. Lueck, Robert Dayton, chairman of the
board of Okabena, and Okabena’s outside counsel. Okabena
presented petitioner with the option either of being terminated
or of submitting a voluntary resignation and accepting 12 months
of severance pay. Petitioner rejected the offer and made a
counteroffer proposing, among other things, that a portion of any
funds paid be allocated to personal injuries in order to enable
him to exclude such proceeds under section 104. Okabena asked
petitioner to turn over his keys and not to return to Okabena’s
offices.
Additional negotiating sessions and conferences regarding
the proposed settlement were held on April 16, 19, 20, and 21,
1993. On April 21, 1993, Mr. Lueck sent petitioner a termination
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