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and fair dealing; (4) wrongful discharge; (5) intentional
infliction of emotional distress; and (6) retaliatory discharge.
Petitioner sought backpay along with related benefits and $2
million compensatory damages for pain and suffering and other
related torts, plus $6 million for punitive damages.
Petitioner and Liberty were able to negotiate a settlement
of the lawsuit. They each signed a settlement agreement
(settlement agreement) in which Liberty agreed to pay petitioner
$70,000. Paragraph 1 of the settlement agreement specified that
Liberty would pay the $70,000 as follows:
(a) the sum of $12,000.00 (less applicable withholdings
and deductions) . . . [to] be reflected on an IRS Form
W-2; and (b) the sum of $58,000.00 . . . [to] be
reflected on IRS Form 1099.
Paragraph 2(c) of the settlement agreement specified that
petitioner released Liberty from “all claims for wrongful
discharge, breach of contract, fraud, misrepresentation,
defamation, torts, or any other claims in any way related to
Plaintiff’s employment with and termination from Liberty Travel.”
In addition, paragraph 11 of the settlement agreement stated that
the agreement was the result of a compromise and was made solely
to avoid the expenses of litigation. Liberty expressly denied
any liability to or wrongdoing against petitioner.
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Last modified: May 25, 2011