DOL Home > OALJ > Whistleblower > Dubois v. Village of Cobden, 90-SDW-1 (ALJ Apr. 4, 1991) |
DATE: APR 04 1991
CASE NO.: 90-SDW-1
In the Matter of:
PAUL H. DUBOIS
Complainant
v.
VILLAGE OF COBDEN
Respondent
This matter arises under the Safe Drinking Act of 1974, 42 U.S.C. 300 et seq.; hereinafter called the Act and the regulations issued thereunder 29 C.F.R. Section 24 et seq. The Act prohibits any person from discharging or otherwise discriminating against an employee, who has engaged in activity protected by the Act.
On March 8, 1991, the parties submitted a settlement agreement, a copy of which is attached hereto and made a part of this Order. A review of the settlement discloses that the parties have resolved all issues between them. It appears that the settlement effectuates the policies and purposes of the Act.
Based on the Settlement Agreement and request by parties, I hereby recommend that the complaint be dismissed with prejudice.
ROBERT L. COX
Administrative Law Judge
KNOW ALL MEN BY,THESE PRESENTS, that the undersigned, Paul H. DuBois, for and in consideration of the sum of Nine Thousand Dollars ($9,000.00) payable in the amount of Five Thousand Dollars ($5,000.00) upon the execution of this Release and the sum of Four Thousand Dollars ($4,000.00) on or before January 5, 1992, does hereby release the Village of Cobden, a municipal corporation and its assigns with respect to any and all claims, rights, demands, actions and causes of action resulting from or incidental to his discharge as an employee of the Village of Cobden on or around August 21, 1989, including but not limited to any causes of action he has or may have before State or Federal Labor Boards and the Illinois Human Rights Commission.
It is mutually understood and agreed that this settlement is a compromise of the disputed claim and that this settlement is not to be construed as an admission of liability on the part of the persons, firms or corporations released by whom liability expressly denied.
This instrument releases all claims of the undersigned of whatever nature and this Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital.
The undersigned states that he has carefully read the foregoing release, has consulted with counsel prior to signing the same, knows the contents thereof, and signs the same as his own free and voluntary act for the purpose of making a thorough and final compromise adjustment and settlement of all claims and causes of action and damages sustained by him, including any consequences thereof as may hereinafter develop.
WITNESSETH my hand and seal this 13th day of February, 1991.
PAUL H. DUBOIS
Subscribed and sworn to before me, a Notary Public, this
day of February, 1991.
Notary Public