September 23, 2008 DOL Home > OALJ Home > Whistleblower Collection |
USDOL/OALJ Reporter
SECRETARY OF LABOR
Case No. 85-ERA-7 In the Matter of
JEFFREY JOHNSON
TRANSCO PRODUCTS, INC.
The parties in the above-captioned case have submitted to me a copy of their Release and Settlement agreement for my approval. They have agreed, in effect, to a settlement of all obligations of Transco Products, Inc. to Jeffrey Johnson, and of all claims of Johnson against Transco. The agreement provides for a payment of back wages and attorney's fees by Transco to Johnson and, upon my approval, the withdrawal by Johnson of his complaint in this case. It appears to be fair, adequate, and reasonable, with the exception of one aspect of paragraph two. That section states, in pertinent part, that Johnson releases Transco:
[Page 2] The underscored language could be interpreted to be a waiver of all claims or causes of action arising at any time after the signing of the Release and Settlement agreement. If that were the case, however, I could not approve it. As such, I interpret paragraph two to be limited to a waiver of Johnson's right to sue in the future on claims or causes of action arising out of facts or any set of facts occurring before the date of the Release and Settlement agreement. Thus, with the above qualification, the parties' request for an approval of their Release and Settlement agreement is granted, and the case is dismissed with prejudice.
BILL BROCK AUG 8 1985 |
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