Jody Schoolcraft-Burkey - Page 6




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        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             







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