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Modification Agreement,
SEPARATION AGREEMENT AND RELEASES OF CLAIMS

Employee Relation Manager, of
Cellco Partnership, doing business as Verizon Wireless, and its partners, and its subsidiaries, and its affiliates, (Collectively “the Company”);
Review of the Company, Separation Agreement, and Release of Claims offer is, (“Unacceptable”). Total $7.900.50

The Company, ask, I Anson Burress, give up all Rights, and/or all protected Rights under the Civil Rights Act law, FMLA Federal Regulatory law, and discrimination claims, under the Age Discrimination in Employment Act Law.
Rights, enforce through the, Equal Employment Opportunity Commission, and /or, agencies, enforcing these laws.

I, Anson L Burress; understands, the Civil / Protected Rights under the law, and FMLA Federal Regulatory law and Guidelines.
Willing to exercise in a court of law, trial by jury, with consult Council attorneys, for a Civil, and moral court and jury decision in this settlement,

I ask of the Company, in good faith, to its moral (“code”), to satisfy the Civil, and Moral decision in the Company, (“Separation Agreement and Release of Claims”), to reflect that in the facts, detail below

The Company, ask Anson L Burress, to give up all Rights, under the Civil Right Act law, and Protected Rights, under law, FMLA Federal Regulatory law, and Guidelines, (“Rights, Violated”),

1.     Pain/suffering,
2.     FMLA Violation,
3.     Unlawful Discrimination,
4.     Harassment, defamation of character, slander and hostel attack from management,
5.     Hardship,
6.     Wrongful Termination,
7.     Code of Conduct Violations

•     The Company, ask Anson L Burress, to give up all actions/ activities, on damages, money, or other personal benefits as to the charge Violations, that stand before the Company;
and to agree not to sue age discrimination, under Age Discrimination in Employment Act (“ADEA”) and/or other liable charge in claims above, peasant, and future

•     The Company, ask Anson L Burress, to continue bound obligations under the Code of Conduct to the Company, in the same (“codes”) that have violated Anson L Burress, Civil Rights, and Protected Rights under law and FMLA Regulatory Rights under Federal law.

Section 9, all property/ properties are in sole procession of company, however all personal items, have not been return, from time of separation.

Personal desk items, confidential documents, draft CD power point presentation, to director for review. project notes, ideas, and successions, done on my time, with draft spec enhancements, for the Quality benefits, gains and success; for the Company, implemented, and in use, throughout the Company, call center/or, centers.
       Request return of all personal items immediately.











Request modification
(“Separation Agreement and Release of Claims”),

1.     Agreement Of Separation, Pay Amount: Civil Rights Act Law, And Protected Rights, Under Law, FMLA Federal Regulatory Law, and Guidelines, Violations, (“RIGHTS, VIOLATED”),
2.     Value Appreciation: in Professionalism, integrity, and Intellectual contributions,
3.     Value Creation: for Ideas, successions, and hours of time / design, in presentation form to management for it-
4.     Short-term, and Long-term Incentive,

Note; This Separation Agreement worth, is under Value, to I, Anson Lee Burress, Morals Civil Rights under law, Protected Rights under Law and FMLA Federal Regulatory Law, and Guidelines under Law, Violated.

   & nbsp;                                           Separation Agreement, Detail Below

Modify, Agreement of Separation, pay amount,                                      $100,000.00
Modify, Short-term, and Long-term Incentive,       &nb sp;                                  $ 10,000.00
Modify, Value Appreciation Right, Award,                 &nbs p;                              $ 10,000.00
Modify, Value Creation Award,                 &n bsp;                                              $ 10,000.00

Total Separation Value Net Pay Amount,
After W-2 Taxes and other withholding,                      &nb sp;                          $130,000.00

The Company, ask, I Anson L Burress to wavier all rights to a trial by jury; to the Company, (“Separation Agreement and Release of Claims”),offer, I choose to maintain all moral, Civil Rights under law, Protected Rights, Under The Law, and FMLA Federal Regulatory Rights under Law.

I, Anson L Burress; Ask the Company, with integrity of its Code, in Agreement, of request modifications above, incorporate in its (“Separation Agreement and Release of Claims”), and immediate respond 7 days of receive request, in Agreement of Company and/or, to move forward legally

The Legally Department Attorney, decline the Agreement without full disclosures of any questions I ask of the Attorney of the fact that FMLA time had not been submitted to Vender and would not comment on any of the claims in dialog from attorney which was one sided to the Company stand of no wrongful act and resubmit to same offer agreement, again, I decline, advise attorney I will exercise in a court of law, trial by jury, with consult Council attorney / attorneys, for a Civil, and moral court jury decision in this settlement, as of 2/13/09


Anson L Burress

XXXX XXXXXXXXX XXX
Snellville, GA, 30039

Contact # (XXX)-XXX-XXXX

01/28/09

Submitted: 282 days and 19 hours ago.
Category: Employment Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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Optional Information

Snellvillle , Georgia

Already Tried:
Appeal was submitted to the executive management, and dialog began with the Employee relation department and after an investigation I was advise by Employee relation it miss information from the Vendor which is untrue, I was offer a settlement from Employee relation and submitted by FedEx, I advise Employee relation before going into a settlement I was more concern with reinstatement of job, release 9/24/08 but advise no reinstatement, also did not address any of the other concerns in the claim which should have came out during the investigation, on three counts I was being advise something different, and all other claims pushed aside,

2/13/09 dialog with started after I decline and resubmitted my request agreement. appeal protocol local HR to Executive Management CEO and VP HR, which was froward to Employee relation then to the League Department attorney. I will receive League financial assistance with validation from a attorney to review that this is a valid and solid case

Posted by PaulMJD 281 days and 21 hours ago.

Info Request

Hi XXXXXXXXXXX. Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-Could you explain your situation a little more?
-What is your specific question?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

280 days and 2 hours ago.

Reply

Hi PaulMJD

 

This the second time I have try sending you information, I will keep this short

The comany fail to submit FMLA time nor inform of time available ,

2, Code of conduct vialation of policy and procedures not adhear to

3, Release back to work under doctor restriction not adhear to nor documented in record and not discover in there investigation or not disclose to for resolve

4, Harassment for supervisor, attack of charactor in tone deframation of charactor and slander- witnessed in front of manager on two counts no record of repriman or not disclose in investigation,

during the investigation I was told misinfromation each time,

5The company ask me to give up all my leagal riight to settle me out when I was requesting to be reinstated back to work , this was the company position and fail to admit to the claims nor the did not want to address any the claims and resubmited the same agreement of settle, I decline and wish to move forward to court, please call XXX-XXX-XXXX for more detail information, I would perfer a meeting by appointment ASAP

if this a case you can handle, I am not willing to settle out my morals to cover up the company wrong doing of it Code violated, there is more to this I can not put in email.

 

Thank you for responding, and hope you can help , I see your years of experience in Employment Law, I want the full letter of the LAW to be exercised in a court decision for the hardship and wrong that was done, and to try cover there failure not adhearing its code, this has impacted me very hard, if any of this is not true, why even try to settle me out of the company ? I did not ask for a settlment , that was there position to protect manager or management job, and to keep me from talking to upper management, this offer was an insulted to me, this is not only about me but also for others that are impacted by these same violation.

 

I look forward to hear from you

 

Sir

Anson Burress

 

 

 

Answer

Unfortunately, we are prohibited from making contact with clients outside of this forum. I am sorry you had to post your reply twice, but this is the first time I received it.

I must say that the claims you are making MUST first be made to the GA Civil Rights Department and the EEOC and they must investigate your claims. Your failure to bring your claims through them first can result in a dismissal of any suit for failure to exhaust administrative remedies.

Your claim under 1, appears to be valid if they never informed you of your rights under FMLA and did not allow you to use sick time under FMLA. As far as 2, absent any written contract to the contrary, you were an at will employee and the employer is free to change policy.

#3, your employer has an obligation under the Americans with Disabilities Act to only provide you "reasonable accommodation" to perform the essential functions of your job. The employer does not have to provide limited or light duty if it is not available. The most the employer must do for you under the ADA is make some accommodation that allows you to perform all of the functions and duties required in your job, nothing more. This claim would also be handled by the Civil Rights Division and the EEOC.

#4) Harassment, according to the US Supreme Court, must be based upon unlawful discrimination (age/race/sex/disability) and the laws were not meant to create a code of civility in the workplace (See: Oncale v. Sundowner Offshore). Also, these claims must go through the Civil Rights Division and EEOC first.

As far as defamation/slander/libel, this requires that the person make a statement to third parties that they know to be false at the time it was made AND you suffered financial harm as a resulf of the statement. If you can show the person made statements they knew were false to third parties, then you can sue for this separately in the superior court.

5) It is standard in any severance offer that a company asks that the party receiving the severance waive rights to sue, even if the company has done nothing wrong. You turned them down, as was your right. But now you bear the burden of proof of these allegations.

You still must make your complaints to the GA Civil Rights Division and the EEOC before you can go to court and they must determine your rights to sue over these allegations. At this point, you need to make your complaint and then go to http://www.martindale.com to find an employment attorney in your area to assist you (this is the same site used by attorneys when they need to find other attorneys).

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 2/16/2009

Attorney

20+ Years of Employment Law Experience

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