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A. GC&D will pay NDIRIKA severance pay in the
form of salary continuation at the annualized rate of
$93,750, less applicable taxes and FICA for a period of
twelve (12) months following the Separation Date (i.e.,
through March 15, 2001) as defined in Section II below
(the “Severance Period”). Such severance pay will be
paid, at NDIRIKA’S election, either (i) in equal bi-
monthly payments during the Severance Period, on dates
corresponding with GC&D’s regular payroll dates, or
(ii) in one lump sum payment on the first regular
payroll date following the Separation Date. Severance
will be paid regardless of whether NDIRIKA accepts
other employment during the Severance Period.
* * * * * * *
C. NDIRIKA shall also receive a lump sum supple-
mental severance payment in the amount of $15,000, less
applicable taxes and FICA, on the first regular payroll
date following the Separation Date.
D. During the Severance Period, NDIRIKA may
continue to use her office and telephone in furtherance
of her job search, and will continue to be allowed
access to her firm voicemail and e-mail, provided
NDIRIKA elects to receive her salary continuation
severance pay under paragraph A above in equal bi-
monthly payments, rather than in one lump sum payment.
NDIRIKA will not be required to, nor should she, per-
form work on client matters or any other matter on
behalf of GC&D during the Severance Period. If NDIRIKA
elects to receive her salary continuation severance
payment in a lump sum under paragraph A(ii) above, she
will vacate her office by the end of the business day
on the day after the Separation Date and she will be
allowed access to her firm voicemail and e-mail for a
period of 60 days, ending May 15, 2000.
Petitioner did not introduce any reliable evidence that
persuades us that the separation agreement, which treats the
payments at issue as salary continuation severance payments,
incorrectly characterized such payments. Petitioner had the
opportunity to challenge the characterization of the settlement
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