- 10 - complaint filed in the California court; namely, claims of physical injury. However, the settlement agreement specifically provides that the $50,000 was to be “payment for alleged emotional distress”. Furthermore, assuming arguendo that petitioner had a valid claim for damages from the injury to her hand in excess of any amounts that the May Company had previously paid her, it is evident from the record that petitioner had stopped pursuing any such claim long before she entered into the settlement agreement. Even if her decision to do so was based upon the alleged retaliatory action by her employer, it is nevertheless clear that she abandoned the claim. When petitioner subsequently entered into the agreement with the May Company, the intent of both parties was to settle petitioner’s sexual harassment suit which she had filed with the California court. The inclusion in the settlement agreement of the provision relating to the injury to petitioner’s hand was, in the context of the overall agreement, merely an extension of the agreement’s general provisions releasing the May Company from any and all claims which petitioner had against the May Company. The use of these provisions reflects an intent to prevent future lawsuits which petitioner might have been able to bring against the May Company, but it does not reflect an intent to compensate petitioner for any physical injury.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011