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Skrbina v. Fleming Companies5/30/1996
SIMS, Acting P. J.
Plaintiff Marko Skrbina appeals from the dismissal of his employment discrimination action following the grant of summary judgment to defendants Fleming Companies, Inc. (Fleming), Jim O'Bra, and Leighton Carlson. We shall conclude plaintiff's action is barred by a written release agreement given by plaintiff to his employer in exchange for more than $8,000 in severance benefits. We shall therefore affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff's work history.
Plaintiff, an immigrant to the United States of Croatian origin, was born in 1931. In 1979 he began working as a forklift maintenance mechanic at the Milpitas warehouse now owned by Fleming. Fleming acquired the warehouse in 1986 and became plaintiff's employer. Defendant O'Bra was Fleming's human resources manager at the warehouse from September 1988 to October 1992. Defendant Carlson was plaintiff's immediate supervisor.
During his employment with Fleming, plaintiff repeatedly complained of unsafe working conditions and harassment. In 1988 he filed (but did not serve) a lawsuit against Fleming, alleging employment discrimination based on national origin, in Santa Clara County.
On August 28, 1991, plaintiff went on disability. He remained in that status as of August 1, 1992.
Fleming's reduction in force and the memorandum of agreement.
In June 1992, Fleming lost a significant client and decided to consolidate the Milpitas warehouse with another, a move which would necessitate the layoff of a substantial number of employees. Fleming and the union local which represented employees at the warehouse, including plaintiff, negotiated a memorandum of agreement (MOA) and a letter of understanding with respect to the consolidation, which were signed by representatives of the company and the union on August 31, 1992.
The MOA covers "all employees employed as of June 22, 1992, and who are subject to the collective bargaining agreement by and between Fleming Foods West, Inc., Milpitas division and International Brotherhood of Teamsters Local 287, and who are permanently laid off as a result of the decision to consolidate the Milpitas division with the Sacramento division or as a result of the loss of Pak ['N] Save business." The MOA provides for severance benefits to be paid to all covered employees who first signed a release of all claims against Fleming and its affiliates, agents, and employees, except for unemployment compensation and worker's compensation claims. It also specifically provides that employees off work due to disability would be eligible for severance benefits.
The letter of understanding spells out the details of the severance package, including Fleming's promise to pay additional sums into the employees' pension fund.
Plaintiff's layoff and subsequent events.
Plaintiff received notice of layoff effective August 1, 1992.
On September 18, 1992, plaintiff filled out and signed a form headed "San Francisco Bay Division Closure Option Form," ON WHICH HE CHOSE THE OPTION PROVIDING: "When released by San Francisco Bay Division the rights provided in the Collective Bargaining Agreement and Memorandum of Understanding will apply."
On October 5, 1992, plaintiff signed a release in order to obtain his severance benefits. This document, headed "Severance Agreement and Release," STATES: "In consideration of the additional health and welfare benefits and severance benefits and other consideration provided me by Fleming Companies, Inc. in connection with the consolidation of the Milpitas facility with the Sacramento facility, I hereb
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