Foster v. Mountain Coal Co.

61 F. Supp. 3d 993, 2014 WL 3747074, 2014 U.S. Dist. LEXIS 104022, 123 Fair Empl. Prac. Cas. (BNA) 1607
CourtDistrict Court, D. Colorado
DecidedJuly 30, 2014
DocketCivil Action No. 12-cv-03341-LTB-MJW
StatusPublished

This text of 61 F. Supp. 3d 993 (Foster v. Mountain Coal Co.) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Foster v. Mountain Coal Co., 61 F. Supp. 3d 993, 2014 WL 3747074, 2014 U.S. Dist. LEXIS 104022, 123 Fair Empl. Prac. Cas. (BNA) 1607 (D. Colo. 2014).

Opinion

ORDER

LEWIS T. BABCOCK, JUDGE

This matter comes before me on Defendants’ Motion for Reconsideration or, in the Alternative Certification for Interlocutory Appeal (Doc. # 68). Oral argument will not materially aid in the resolution of this motion. For the reasons stated below, I grant Defendants’ Motion. Because I grant Defendants’ Motion and thereby grant Defendants’ previous Motion for Summary Judgment (Robert Fisk) (Doc. # 45), I deny Defendants’ Motion to Stay All Pre-Trial Deadlines as to Plaintiff Robert Fisk (Doc. # 72) as moot.

I. FACTS

The facts and background -of this case are set forth in detail in Foster v. Mountain Coal Co., LLC, No. 12-cv-03341-LTB-MJW, 2014 WL 2024877 (D.Colo. May 16, 2014), the order from which Defendants seeks relief. As such, I provide a limited factual background as relevant here.

Plaintiff Fisk has a high school education, has not taken any college courses, attended trade school for heating and air conditioning repair and maintenance (“HVAC”), but did not receive a degree or diploma. [Doe. # 52, 4], His work background is in construction and mining, and he has worked in mining for the past 20 years. [Id. at 5]. He worked as an underground miner for Defendant Mountain Coal Company of Colorado, L.L.C. at the West Elk Mine from May 2001 through June 2009. [See Doc. # 45, 2].

[996]*996In June 2009, he and “approximately sixty other employees were laid off as part of a reduction-in-force (“RIF”) at the mine.” [Id.] Plaintiff Fisk purportedly learned of his layoff during a June 17, 2009 meeting, at which he and the other terminated 'employees were presented with a Severance Agreement and Release of All Claims (the “Agreement”). [Id.] The Agreement released Defendants from “any and all claims arising from [Plaintiff] Fisk’s employment in exchange for an $8,800 severance'payment and other consideration.” [Id.] Plaintiff Fisk signed the Agreement on July 5, 2009. [Id.] The relevant sections of the Agreement provide:

2. Employee’s employment will end effective June 17, 2009. Within the time required by law, Employer will pay Employee an amount equal to Employee’s accrued wages plus all earned and unused vacation, less applicable taxes, withholdings and standard deductions. Within 45 days after Employee signs this Agreement, Employer also will pay Employee severance pay in the amount of $8,800, less applicable taxes, withhold-ings and standard deductions as well as any prior pay advances.
4. Employee hereby releases Employer from all claims, demands or other rights to sue, whether they are known or unknown, foreseen or unforeseen, arising at any time before the date of this Agreement, including but not limited to those that arise from or relate to any aspect of Employee’s employment with Employer, Employee’s termination from employment or any employment custom, practice, policy, conduct or decision of Employer relating to any term or condition of Employee’s employment, including but not limited to:
. (1) any claims or rights that could be asserted under:
(a) the Age Discrimination in Employ- . ment Act as amended, 29 U.S.C. § 621 et seq. In accordance with such law, employee is provided in Exhibit A: 1) a written list of the job titles and ages of all individuals eligible or selected for the same reduction in force; 2) an identification of the job classification or organizational unit targeted for that reduction in force; 3) the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the reduction in force; and 4) the factors used to determine who is subject to the reduction in force.;
(b) any applicable state law prohibiting or otherwise relating to employment discrimination, including but not limited to the Colorado civil rights laws and any statutory or common law giving rise to a cause of action for retaliation for filing a worker’s compensation claim or otherwise engaging in protected conduct;
(c) the common law of the state of Colorado;
(i) the Americans with Disabilities Act, 42 U.S.C. § 12101
5. Employee covenants and warrants that Employee will not sue or cause any complaint or lawsuit of any sort to be brought or join in or allow any complaint or lawsuit by any third party against Employer based in whole or in part on claims released in this Agreement. Employee further agrees that, if any person or entity should bring such a complaint or law suit on Employee’s behalf, Em[997]*997ployee hereby waives and gives up any right to recover under such claim and will exercise every good faith effort to have that claim dismissed. Despite the foregoing or anything to the contrary in this Agreement, Employee is not releasing Employee’s right to file a Charge with or participate in an investigation by the Equal Employment Opportunity Commission, the Department of Labor or other state or federal agency, subject to the legal requirements for doing so. However, Employee waives and gives up any right to damages that may be awarded on the basis of such Charge and also waives and gives up any subsequent right to' sue based on such Charge.
6. Because this agreement contains a release of claims under the Age Discrimination in Employment Act, Employee shall have 45 days from the day Employee receives it to consider it. Employee may accept the offer contained in this agreement at any time within that 45-day period by signing it and delivering it to Employer. If Employee does not accept this offer by signing this Agreement before the end of 45-day period, it shall be automatically revoked (meaning Employee will not have the right to a severance payment or to health coverage at active employee rates). If Employee does accept the offer, Employee shall have seven (7) days after delivery of the signed agreement to Employer to revoke (i.e. cancel) Employee’s acceptance. The severance payment referenced above shall commence only after the seven (7) day revocation period expires, within the time limits previously indicated.
10. Employee will keep, and cause his/her attorneys and agents to keep, the terms of this Severance Agreement and Release strictly confidential and will not directly or indirectly disclose the terms to anyone (either verbally or in writing) except (a) that Employee may discuss this Agreement with his/her attorney or accountant on a confidential basis to the extent necessary to prepare Employee’s tax returns or interpret the Agreement; (b) to the extent that Employee is compelled by a court or governmental authority to reveal the Agreement, provided, however, that Employee will immediately advise Employer of this fact; or (c) in 'a suit to enforce or for breach of this Agreement, provided that the Agreement is kept under seal by the Court pursuant to a protective order.
16. Employee acknowledges that Employee has been given a reasonable period of time within which to consider the terms of this Severance Agreement and Release.
17.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carolyn Burlison v. McDonald's Corporation
455 F.3d 1242 (Eleventh Circuit, 2006)
United Mine Workers of America v. Gibbs
383 U.S. 715 (Supreme Court, 1966)
Oubre v. Entergy Operations, Inc.
522 U.S. 422 (Supreme Court, 1998)
Bennett v. Coors Brewing Co.
189 F.3d 1221 (Tenth Circuit, 1999)
Raytheon Constructors Inc. v. Asarco Inc.
368 F.3d 1214 (Tenth Circuit, 2003)
Price v. Philpot
420 F.3d 1158 (Tenth Circuit, 2005)
Fye v. Oklahoma Corp. Commission
516 F.3d 1217 (Tenth Circuit, 2008)
Rimbert v. Eli Lilly and Co.
647 F.3d 1247 (Tenth Circuit, 2011)
Nilsson v. City of Mesa
503 F.3d 947 (Ninth Circuit, 2007)
Anderson v. Lifeco Services Corp.
881 F. Supp. 1500 (D. Colorado, 1995)
Raczak v. Ameritech Corp.
103 F.3d 1257 (Sixth Circuit, 1997)
Blackwell v. Cole Taylor Bank
152 F.3d 666 (Seventh Circuit, 1998)
Young v. Murphy
161 F.R.D. 61 (N.D. Illinois, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
61 F. Supp. 3d 993, 2014 WL 3747074, 2014 U.S. Dist. LEXIS 104022, 123 Fair Empl. Prac. Cas. (BNA) 1607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-mountain-coal-co-cod-2014.