Morris G. Worthy, Appellant v. McKesson Corporation d/b/a Peter Hauptmann Company, Appellee, 756 F.2d 1370

Summary

On appeal, the former employee contended that he did not intend to relinquish his claim for wrongful termination in agreeing to accept the former employer's offer of settlement. However, the former employee had not shown that any of the district court's findings of fact were clearly erroneous. The court found that there was abundant evidence that the former employee's assent to settling "all claims," including any claim for wrongful discharge, was "knowing and voluntary." The court agreed with the district court that the former employee was attempting to rescind an otherwise voluntary agreement because he now felt that the amount of the settlement was "paltry." The former employee also contended that lack of mutual assent was shown by the fact that there were several terms in the written agreement he did not knowingly agree to. The court found that any allegedly missing terms were not so significant that they could be used to abrogate the agreement. The court concluded that the parties...