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letter to Mr. Cook and requested that he be given a disability
retirement. DHS then contacted Mr. Forste and commenced
negotiations for his termination. The negotiations occurred
between Mr. Forste and his attorney and James R. Ladd. Mr. Ladd
was the national personnel partner for DHS in New York and was
its top human resources person.
Between May and August 1985, Mr. Forste and DHS exchanged
numerous drafts (seven) of a proposed settlement agreement.4 On
May 10, 1985, DHS proposed that Mr. Forste receive a regular
retirement as if he were 60 years of age; i.e., Mr. Forste would
receive $25,130 of retirement income per year. The proposal from
DHS stated in relevant part:
As discussed with Jim Ladd, I request that I be allowed
to retire as of June 1, 1985, under the following
terms.
1. I will receive retirement income under the terms
of Section 4(a) of my Director’s Agreement as if I
had worked with the firm until I had attained age
60. This will amount to $25,130 per year; * * *
2. I will receive additional payments through May 31,
1986 that, when combined with my retirement
income, will equal my current rate of base salary.
* * * * * * *
10. In consideration of DH&S accepting the terms set
forth in paragraphs 1 through 5, and when DH&S
accepts these terms, I will forever release any
and all rights, claims or causes of action I have
4Each draft was in the format of a letter addressed to Mr.
Charles G. Steele, chairman and chief executive officer of DHS,
from Mr. Forste.
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