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October 2, 1992 letter, petitioner’s counsel referred to
petitioner’s rights under the Millipore S.A. collective bargaining
agreement and stated that petitioner should receive: (1)
Cumulative damages of $977,814, plus (2) 60 percent of his salary
during the period the noncompetition clause would be in effect,
and (3) damages for termination without cause (the French
equivalent of outrageous dismissal). The $977,814 cumulative
damages were calculated as follows:
10 months’salary (based on seniority) $190,000
3 months’ salary (failure to give notice) 57,000
2 years’ salary (termination without cause) 456,000
French pension fund contribution 30,000
Millipore participation plan contribution 15,077
Millipore savings plus match 4,237
Millipore incentive (restricted) stock options 175,500
Millipore non-qualified stock options 50,000
TOTAL 977,814
This letter was referred to Geoffrey Nunes, Millipore’s
general counsel and senior vice president. After reviewing the
letter, Mr. Nunes requested the parties to meet. Millipore
anticipated that petitioner would institute suit in Massachusetts
for claims based in tort, as enumerated in petitioner’s counsel’s
October 2 letter, and had potential causes of action in France.
Millipore’s management recognized that petitioner’s claims posed
the risk of significant financial exposure to the company.
The parties met on October 9, 1992. During the course of the
meeting, a heated discussion ensued. Mr. Nunes initially took the
position that petitioner did not have any French or U.S. law claims
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