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| September 25, 2008 DOL Home > OALJ Home > Whistleblower Collection |
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USDOL/OALJ Reporter Wyatt v. Cawood Manufacturing Co., Inc., 2000-STA-5 (ALJ Feb. 3, 2000)
Date: February 3, 2000 Case No.: 2000-STA-0005 In the Matter of:
RAYMOND C. WYATT,
v.
CAWOOD MANUFACTURING COMPANY, INC.,
DISMISSING COMPLAINT This case arises under the employee protection provisions of Section 405 of the Surface Transportation Act (STAA) 49 U.S.C.A §31105. On January 27, 2000, the parties submitted an executed stipulation of settlement in final disposition of the case. (The stipulation of settlement is attached hereto and marked as "Exhibit A".) I have reviewed the settlement agreement and find it to be fair, adequate and reasonable pursuant to 29 C.F.R. §1978.111(d)(2). See Davis v. Kimstock, Inc., Case No. 90-STA-8, Secretary Approval and Dismissal of Complaint, November 30, 1990. Therefore, it is ORDERED that the Settlement Agreement, attached hereto and made a part hereof, is approved and this case is hereby DISMISSED with Prejudice. SO ORDERED.
RICHARD K. MALAMPHY
RKM/ccb
This Instrument prepared by:
This instrument made and entered into on this 21st day of January, 2000 by and between CAWOOD REECE d/b/a CAWOOD TVIFG. CO. party of the first part, and RAYMOND C. WYATT, party of the second part. That for good and valuable consideration, the undersigned parties acknowledge party of the first part to be the owner and operator of a manufacturing facility and the party of the second part being a former employee, who has made allegations about his employment, which is currently in dispute. That for good and valuable consideration, the undersigned party of the second part does hereby release said party of the first part for all claims and cause of action the undersigned now has or hereafter may have on account of his employment and/or discharge from the same most recently occurring. That as a full and final settlement of this disputed employment claim, party of the first part will tender to the party of the second part, the sum of Twelve Hundred (,200.00) Dollars, which is paid this date. Party of the second part will take the necessary steps to have Case No. 2000-STA-0005 with the U.S. Department of Labor dismissed with full prejudice to the refiling of the same. Party of the first part would give a favorable recommendation for the party of the second part ind party of the second part would be eligible for rehire. The payment of this settlement is not an admission of any liability and is not to be construed in any form other than compromise and settlement of disputed claim. By the execution of this Release, parties agree that same hereby brings this matter to a full and final conclusion. This 21st day of January, 2000.
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