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* * * [AT&T’s] managers the flexibility they need to reduce the
number of management employees when necessary” because of “force
or skills imbalances resulting from conditions such as changes in
business strategy, technological changes, unfavorable economic
circumstances, decisions to exit a particular market or business,
and facility/office closings or consolidations, position
eliminations, business process reengineering and skills
mismatch.” Later that year petitioner was advised that he was
within a category of manager/employees eligible to “voluntarily”
terminate employment with AT&T in return for specified payments.
In general, the payments were determined by a formula that took
into account the number of years that the employee was employed
by AT&T and the employee’s age.
On August 31, 1994, petitioner signed the first of a series
of documents that terminated his employment with AT&T pursuant to
the retirement program. Under the options selected by
petitioner, he was entitled to remain as an active AT&T employee
for 35 weeks following the date of the above agreement. During
this time, although not required to report to work, petitioner
was compensated by periodic payments at his then salary (the
periodic payments) and eligible for other employee benefits. At
the conclusion of the 35 weeks, after signing several other
program documents, releases, and waivers, petitioner became
entitled to, and received, a lump-sum payment of $12,417.62 (the
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Last modified: May 25, 2011