- 5 - partners. If petitioner had accepted the terms offered in the letters, he would have received payments totaling $175,000. Petitioner did not voluntarily resign from Winston by the April 30, 1992, deadline. However, as of May 1, 1992, he no longer: (1) Received partnership payments, (2) performed work on behalf of Winston clients, or (3) used Winston office space. Initially petitioner, and eventually his attorneys, negotiated with representatives from Winston in an attempt to reach agreement as to the terms of petitioner’s severance. In all, 12 separate drafts of a settlement agreement were negotiated before the final agreement was signed on December 22, 1994. Negotiations between petitioner and Winston were contentious and lasted approximately 32 months. Initially, petitioner represented himself in talks with Winston. The principal dispute concerned the amount of retirement benefits petitioner was to receive upon his withdrawal from the firm. Petitioner believed that he was entitled to receive a larger annual retirement payment than that offered and that his priority in receiving that payment should be subordinate to only a small group of other retired partners. Petitioner’s initial negotiating objective was to increase the amount of his retirement payments and gain assurance that his priority in receiving the retirement payments would not be diluted.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011