Norman L. and Catherine J. Forste - Page 13

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          having nightmares and headaches or that the prospect of losing              
          his job caused him to contemplate suicide.                                  
               At some point before Mr. Forste entered into the agreement             
          with DHS in 1985, DHS adopted a nationwide plan to reduce by 10             
          percent the number of its partners and directors.7  Mr. Ladd was            
          responsible for negotiating with the targeted partners and                  
          directors.  Mr. Forste was at all relevant times completely                 
          unaware of the existence of this plan.  As part of the plan, DHS            
          offered a retirement package for those “targeted” partners and              
          directors who were age 50 or older.8  DHS asked those targeted              
          employees who were younger than age 50 to resign, and in                    
          exchange, it offered to pay them a severance of up to 1 year’s              
          salary.9  Unbeknownst to Mr. Forste, he was targeted as one of              
          the directors to be forced out of the firm.  He was only 49 years           
          old at the time, and he was not eligible for any early retirement           
          package.                                                                    



               7During 1985, there were 95 partners and directors who                 
          either resigned or were given retirement at DHS.                            
               8Early retirement was normally available only to persons who           
          were age 55.  As an incentive for the early retirement of its               
          partners and directors, DHS modified the eligibility requirements           
          under the directors agreement:  DHS added 5 years to the age of             
          targeted employees and reduced their service requirement from 15            
          to 5 years.                                                                 
               9Mr. Ladd testified that because DHS was a partnership,                
          partners and directors were asked to resign.  They were not                 
          fired.                                                                      





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