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Separation Agreement Drafting Error Corrected by Michigan Appeals Court
Jackson Lewis P.C.
June 30, 2017 "The agreement provided that the employee, who was then earning approximately $125 thousand per year, was to receive $80,805.97 per week for 34 weeks!.... The trial court found that a unilateral mistake had clearly occurred, supported by both the testimony of the company's director of human resources (who stated that she mistakenly inserted the total amount to be received over the 34-week payment period, or $80,805.97, as the weekly payment amount) and the reference to certain separation pay guidelines in the agreement ... [T]he Court did not ascribe much credence to the employee's affidavit, in which he stated his belief that severance pay in excess of $80 thousand per week was 'fair based on my 28 years of service.' " [El-Hayek v. Trico Products Corp., No. 331283 (Mich. App. June 27, 2017; unpub.)] MORE >> |
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