- 5 - explain or describe the “adverse health effects”, “physical injury”, or “physical pain” petitioner claimed to have suffered. Petitioner entered into a settlement with MVEDC on or about December 1, 2003, in which petitioner agreed to dismissal of his lawsuit in exchange for $85,000. The settlement agreement designated $27,000 of the $85,000 in settlement proceeds as “back pay” or “lost wages”, and petitioner agrees that the $27,000 is taxable. The settlement agreement designated the remaining $58,000 of the $85,000 as compensation for: any emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, fright, nervousness, indignity, humiliation, embarrassment and other personal injuries that Burkey claims to have suffered, as well as in exchange for his release of any common law and statutory causes of action for sexual harassment, sex or gender discrimination, age discrimination, disability discrimination, personal injury, retaliation, wrongful discharge, constructive discharge, claims of discrimination or harassment on any basis, claims alleging whistleblowing under state or federal law, claims of breach of public policy, breach of fiduciary duty, breach of express or implied contract, breach of any employment agreement, conspiracy, interference with employment contract, unjust enrichment, invasion of privacy, fraud, conversion, intentional infliction of mental distress, promissory estoppel, defamation, intentional interference with any contract or business relationship and any other claims of any kind that Burkey may possess against MVEDC. The settlement agreement specified that MVEDC would not withhold any taxes from the $58,000 portion of the $85,000 payment and that MVEDC made “no representation or warranty whatsoever concerning the tax consequences of Burkey’s receipt of any monetary paymentsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007