- 5 - 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 reimbursedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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