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letter confirming that Okabena had terminated petitioner’s
employment effective April 20, 1993.
Throughout the negotiations, petitioner threatened
litigation against Okabena and specifically mentioned a potential
claim for age discrimination, referring to a pattern of alleged
age discrimination at Okabena. During these meetings, petitioner
also mentioned claims of wrongful termination and defamation of
character. Petitioner never filed a complaint against Okabena in
any court.
The Settlement Agreement
On May 12, 1993, Okabena’s counsel sent petitioner a draft
settlement proposal. After extended negotiations over the terms
of the proposed settlement agreement, a final settlement
agreement (settlement agreement) and two releases were signed on
June 21 and 22, 1993.
Pursuant to the settlement agreement, both petitioner and
Okabena agreed to release all claims that either party had or
might have against the other. The settlement agreement
acknowledged the following facts, among others:
WHEREAS, Gross has alleged that certain matters
relating to his employment with * * * [Okabena] and
his separation from * * * [Okabena] give rise to legal
claims against * * * [Okabena] for age discrimination;
and
WHEREAS, Gross claims that he is entitled to
receive damages from * * * [Okabena] for loss of future
income and for personal injuries, and to be reimbursed
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