- 5 -
Back wages $14,116.97
Compensation for participation in the class action 6,000.00
Liquidated damages 32,858.21
Total $52,975.18
Petitioner's share of attorney's fees and costs amounted to
$18,292.33; consequently, petitioner received a net payment of
$34,682.85 during 1995. As a condition for settlement,
petitioner executed an Individual Certification and Release in
which he acknowledged receipt of documents regarding settlement
of the class action, acknowledged receiving a copy of the
Settlement Agreement that was incorporated by reference as part
of his release, expressly affirmed "the authority of the named
Plaintiffs to release my claims and settle the Lawsuit", and
individually released PayLess in paragraph 8 of the release that
provided, in pertinent part:
In exchange for the payment of the amount * * * [to
petitioner] I hereby release and discharge PayLess * * *
from all actions, claims, or demands for damages,
liabilities, costs, or expenses, which the Plaintiffs,
individually or collectively, have against PayLess on
account of, or in any way arising out [of] the claims that
were asserted or that could have been asserted in the
Lawsuit by the Plaintiffs, which Lawsuit is hereby
acknowledged as not fully plead, further including, but not
limited to, claims for personal injuries, intentional
infliction of emotional distress, negligent infliction of
emotional distress, and from all known claims, whether based
on tort, statute or contract, which are based in whole or in
part, or arise out of, or in any way relate to: (1) the
Lawsuit; and (2) anything done or allegedly done by PayLess
arising out of, or in conjunction with or relating to, the
employment of any and/or all Plaintiffs prior to November 1,
1992 by PayLess.
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Last modified: May 25, 2011