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also experienced pain in his shoulder, arm, and elbows while
working at Amdahl.
At some point in time, Amdahl discontinued sales of a
certain software development package in North America due to
declining sales. In response, Amdahl implemented a business
reduction plan. Petitioner’s employment was terminated after he
refused Amdahl’s offer to be transferred to a new position in
Chicago, Illinois (he had been working in the northern suburbs of
Chicago prior to termination). Pursuant to the business
reduction plan, which affected employees other than petitioner,
Amdahl provided petitioner with a severance package consisting of
2 weeks of regular salary and benefits. He was also provided
with a one-time payment of $15,588. In order to receive this
one-time payment, petitioner was required to execute a general
release of claims in favor of Amdahl. He had no opportunity to
engage in substantive discussions regarding the content of this
release, which provides in relevant part:
In consideration of the Enhanced Salary
Continuation Pay and Benefits paid to me by Amdahl
Corporation in connection with the termination of my
employment in accordance with the terms of the 1997
Salary Continuation Pay and Benefit Plan, a copy of
which has been given to me, I hereby fully and forever
RELEASE and DISCHARGE Amdahl * * * from all claims and
causes of action arising out of or relating in any way
to my employment with Amdahl, including the termination
of my employment. Should I maintain any action or
claim against Amdahl for workers’ compensation
benefits, which action or claim results in an award or
payment to me, Amdahl will be entitled to a dollar for
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Last modified: May 25, 2011