- 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 payments
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 10, 2007