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dollar offset of any award or payment against the
amounts paid as part of this separation package.
The release then recites a lengthy noninclusive list of claims
waived by the release--this list includes claims of personal
injury. A document provided with the release titled “1997
Reduction In Force Questions and Answers” states two purposes for
the reduction in force: (1) “Give our separated employees a
generous salary continuation package,” and (2) “Fix the costs
associated with the Reduction in Force.” The explanation further
states:
Experience in the industry and in the area shows that
separated employees are increasingly inclined to
challenge their terminations. Defending against agency
charges and individual lawsuits costs money and makes
the costs associated with the Reduction in Force
unpredictable. Frankly, we would rather distribute
that money to our separated employees in the form of a
better separation package than to pay it to lawyers.
Nothing in this document specifically addresses the aspects of
the general release waiving or releasing Amdahl from claims
arising from personal injuries.
Petitioner signed the release on March 14, 1997.
Petitioner’s employment with Amdahl was terminated on March 28,
1997, and petitioner was paid the amounts under the plan. When
petitioner’s employment was terminated, neither he nor an agent
on his behalf had informed Amdahl that he intended to sue them
for personal injury suffered as a result of his employment.
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Last modified: May 25, 2011