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member of its legal department, participated in the settlement
negotiations. In order to settle the lawsuit, the Meadowlands
originally proposed that petitioner continue his employment with
the Meadowlands as a per diem employee, the common status of
other race track announcers at the Meadowlands, rather than a
full-time salaried employee. The Meadowlands further proposed a
5-year contract that would essentially pay petitioner his current
salary but provide no fringe benefits. In addition, petitioner
would work about 40 fewer nights during the year and not be
required to handicap the horse races. However, after petitioner
made negative comments about the Meadowlands to the local media,
the Meadowlands withdrew its proposal to allow petitioner to
continue in its employ as a per diem employee. The Meadowlands
resumed settlement negotiations with petitioner and his counsel
with the sole desire to end petitioner’s employment with the
Meadowlands. During the settlement negotiations, petitioner made
no request for compensation with respect to any physical injury
or physical sickness.
On June 30, 1999, petitioner and the Meadowlands entered
into a Settlement Agreement and General Release (the settlement
agreement). Under the terms of the settlement agreement,
petitioner generally released the Meadowlands from “all actions
or claims * * * arising out of [petitioner’s] employment with
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