lisa holliday settlement email

7/24/2019 Lisa Holliday Settlement Email

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https://us-mg5.mail.yahoo.com/neo/launch?.rand=et03oqol1mpks#8312343427

Subject: RE: RE: RE: Settlement Agreement

From: Holliday, Lisa K. ([email protected])

To: [email protected];

Date: Monday, March 14, 2011 1:10 PM

Okay noted.

From:oliver mitchell [mailto:[email protected]]Sent:Monday, March 14, 2011 11:44 AMTo:Holliday, Lisa K.Subject:Re: RE: RE: Settlement Agreement

Ok Im going to tender my resignation this week anyway. I will inform the attorney.

From: Holliday, Lisa K. ;To: oliver mitchell ;

Subject: RE: RE: Settlement AgreementSent: Mon, Mar 14, 2011 6:36:30 PM

There is no offer any moreits off the table.

From:oliver mitchell [mailto:[email protected]]Sent:Monday, March 14, 2011 11:25 AMTo:Holliday, Lisa K.Subject:Re: RE: Settlement Agreement

Lisa,

Welcome back. What was or is the status of the offer?

From: Holliday, Lisa K. ;


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To: oliver mitchell ;Subject: RE: Settlement AgreementSent: Thu, Mar 10, 2011 3:43:13 AM

I am out of town til Monday. I will look into it when I get back.

-----Original Message-----

From: oliver mitchell [mailto:[email protected]]

Sent: Wed 3/9/2011 10:24 PMTo: Holliday, Lisa K.

Cc: [email protected]

Subject: Re: Settlement Agreement

Lisa is the offer still available?

________________________________

From: "Holliday, Lisa K."

To: oliver mitchell

Sent: Wed, March 9, 2011 9:06:02 AM

Subject: RE: Settlement Agreement

Thanks.

From:oliver mitchell [mailto:[email protected]]Sent: Wednesday, March 09, 2011 8:37 AM

To: Holliday, Lisa K.


Lisa,

This shall serve as your Letter of Representation. I have retained the

following law firm:

Lyon Law PC

400 Oceangate Ste 1120

Long Beach , California 90802

Attorney: Geoffrey C. Lyon

Email: [email protected]

Phone: 562 590-6900

Thank you


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________________________________

From:"Holliday, Lisa K."

To: oliver mitchell

Sent: Mon, March 7, 2011 11:54:41 AM

Subject: RE: Settlement AgreementThe Agency declines your settlement offer. If you have retained counsel, I

should be dealing in the future with your attorney-please refer him/her to me.

Thank you.

________________________________

From:oliver mitchell [mailto:[email protected]]

Sent: Monday, March 07, 2011 10:47 AM

To: Holliday, Lisa K.Subject: Re: Settlement Agreement

Lisa,

As a last attempt to resolve and settle this issue I will try one last time at a

fair settlement offer. I was provided some additional documentation this

weekend and asked to look it over before my appointment. You are now asking me

to waive all rights related to all matters concerning this case, to include any

and all matters that may be raised with other entities.

According to the EEOC digest any Agency who wishes a Complainant to waive all

rights must provide compensation that is in relation to the other possible

actions that may arise not just any action related to the EEO complaint.

You are asking me to waive claims with the Office of Special Counsel.

You are asking me to waive claims with the Office of Resolution Management.

You are asking me to waive claims that may include civil actions.

You are disbarring me from future employment with GLA for a period of 3 years.

You are seeking an immediate resignation.

The Agency is automatically required to provide me with a Performance Appraisal

thus this really isnt an offer.

In exchange for waiving all rights to all claims with any and all other Agencies

the following is proposed:

1. The Agency hereby agrees to pay Complainant a lump sum settlement in the


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amount of 100,000 within 30 calendar days of the date of this Agreement.

The Complainant acknowledges that this settlement payment is taxable,

and agrees to pay all applicable taxes. I will accept no less than a two

year salary payment of $74,412.

2. The Agency will provide a Neutral Reference letter regarding Complainant,

that is, the Agency will confirm my dates of employment, my last job title(Lead Patient Services Assistant as stated in my Position

Description), my resignation for personal reasons, and my annual salary at

termination. Within 15 days of the date of this Agreement, the

agency will provide Complainant with a letter of reference on its letterhead.

3. The Agency will not oppose any claim for unemployment by the Complainant.

4. The Agency will issue within 30 calendar days of the date of this

Agreement, an SF-50 and other appropriate personnel forms, certifying that

the Complainant voluntarily resigned for personalreasons. The Agency also agrees to provide the Complainant with a clean record

by expunging all references to these claims or any

and/all adverse actions related to these claims from the Complainants official

personnel file.

5. To the best of the Agencys ability there shall be no discrimination or

retaliation of any kind against the Complainant as a result of filing this

charge or against any person because of opposition to any practice

deemed illegal as a result of filing this complaint, or for giving testimony,assistance or participating in any manner in an investigation,

proceeding or a hearing under the aforementioned acts.

6. The parties agree that neither they nor their representatives will

disparage the other party. Disparage as used herein shall mean any

communication, or written, of false information or the communication of

information with reckless disregard to its truth or falsity. The Agency also

agrees that it shall not make any statements, either internally

or externally, that reflect adversely on Complainants job performance. In the

event of a request for employment references, the Agency willconfirm Complainants dates of employment, last job position, and annual salary

at termination.

So now that you are asking me to waive ALL CLAIMS I believe this offer is fair

and in accordance with the law. Since you are disbarring me from future service

with GLA I think this offer is fair. While the Agency process this Settlement

Offer the Agency will place me on paid Administrative Leave until it has

completed the necessary correction of my timecards, processing of the lump


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payment, correction of the performance appraisals and all others. My

resignation date is the date the Agency has completed its necessary actions to

fullfill the terms of this offer.

I will continue to state that I have done nothing wrong by filing my

complaints. Based on the evidence and merits of this case whether future or

present this is a fair and FINAL OFFER OF SETTLEMENT. This offer is

NON-NEGOTIABLE. If you wish not to accept this offer please respond by COB or4:30pm Monday 3/7/11. I will either inform Mr. Lyon his services are not needed

or agree to retain him.

Thank you - Oliver

________________________________


To: oliver mitchell

Sent: Fri, March 4, 2011 11:50:33 AMSubject: RE: Settlement Agreement

The settlement agreement I sent you yesterday is the Agency's final offer. Your

ability to retain counsel has always been yours. The offer remains open until

5pm PST on Wednesday March 9, 2011, at which time it will expire.

________________________________


Sent: Friday, March 04, 2011 11:19 AM



Ok, I have received a response. I agree with the attorney that this new

proposed offer is encumbersome. You have changed the terms by demanding that I

waive all rights present and future outside the jurdisication of the EEO process

As it was presented to me I will present it to you:

1. I didnt threaten any employee with a gun or any other instrument. Why are

you asking me to leave?

2. I didnt provide any medical services for any children or unauthorized

person. Why are you asking me to leave?

3. I didnt lie to the IG, misuse funds, abuse authority and or alter

documents. Why are you asking me to leave?


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4. I did as the rules and regs state, you see wrongdoing report it. Why are

you asking me to leave?

These were just a few questions I was asked and told to think about. And I

agree. You want me to leave because I have caused problems for you by filing

complaints. But the individuals who have been proven by evidence and there own

admission are allowed to stay. Seems backwards to me. Im not even asking for

alot compared to previous case history I have been made to read just to protectand inform myself. All I have aske for was a promotion (which was brought to

light by you and discovery) retroactive pay for that promotion and one year

salary. I even said keep the rest. And all I get is...?

Ifwe cannot meet on mutual terms please let me know so that I may formally

retain counsel today and move forward.

Thank you

________________________________


To: oliver mitchell

Sent: Fri, March 4, 2011 8:29:43 AM

Subject: RE: Settlement Agreement

That is standard language indicating that any claims you had pending BEFORE this

agreement cannot go forward. It reads precisely: "current causes of action

arising before execution of this agreement."

For you, the purpose is to get money, resolve this case and move forward. For

the Agency, the point is to insure that these prior claims will end here. Not

FUTURE claims-you are reading it wrong-the agreement only deal with prior claims

you had. Obviously no Agency in their right minds would resolve anything with

the possibility that you could still go forward with pending claims currently in

existence.

As for the voluntary resignation, you agreed to it, gave me a date yesterday

(3/10/11) and all I did was memorialize it in writing in the agreement. This isnon-negotiable.

Re-read it again thoroughly. Bring it to a lawyer if you want-any lawyer would

read and understand it the way I am explaining it. If you still choose not to

sign it, we are done here. Please do not contact me again and do not ever use

my private Yahoo account. I have worked way too hard on this to have you pull

out at the last minute again.


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Sent: Friday, March 04, 2011 7:45 AM



Lisa,

In contrast and comparison the Settlement Agreement offered on 11/22/10 v.

3/3/11 is significantly different and benefits the Agency not the Complainant.

There is no need for me to explain the process or desired outcome as it is

already set by EEOC.

This Settlement Agreement dated 3/3/11 is another form of harassment.

Per the 2nd agreement dated 3/3/11 you state "all matters raised by Complainantin his informal complaint... pending before ORM Agency Case No.

200p-0691-2011-101903 can remain."

Per the 2nd agreement dated 3/3/11 you state "and all other current causes of

action...Office of Special Counsel... civil actions etc... beginning with the

word all preceeding EEOC Case No 480-2010-00106X and ending with Agreement

before accordingly must be removed before any agreement is accepted."

On 1/5/11 through conversation with yourself, Judge Gross and myself I stated "Iwould like to move on and would hope to have this resolved so that I may do

so." However this has turned into a "forced resignation" and not a voluntary

matter. I did agree to leave but on my own terms not the Agency's. Item #2 per

the agreement dated 3/3/11 must be removed before any agreement is accepted.

Per the 2nd agreement dated 3/3/11 Item #3 is a form of disbar, this item must

be removed before any agreement is accepted.

Iam the Complainant and this portion of the process is to make the Complainant

"whole" however management seems fit to skew this process in there favor. Thisprocess isnt meant to be in managements favor. This settlement should be based

on the merits of the case not socio personal agendas or personal politics. In

regards to the merits there is sufficent evidence to support ALL my claims to

include any OSC, civil actions or any other matter you raised and wish me to

waive.

I now firmly believe that I have been patient, reasonable and fair in what im

asking for however I firmly believe that Iam being taken advantage of because


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Iam "Pro Se." Unless this agreement is changed im afraid I will have to decline

this offer, retain counsel and proceed.

As I have stated before Iam so very sorry that we couldnt see eye to eye on this

matter and get this resolved without any further embarrassment to myself or the

Agency.

Oliver

________________________________


To: "Mitchell III, Oliver B."

Cc: [email protected]

Sent: Thu, March 3, 2011 4:22:58 PMSubject: Settlement Agreement

Oliver,

Here's the final Settlement Agreement to sign. Once you fax it back to me, I'll

sign it and carry it over to Donna to have her sign as well, then I'll give you

a fully signed copy for your records, and we'll start processing everything. My

fax # is 310-997-3687. You don't even need to use a cover sheet on top as it

feeds right into my private computer.

Thanks! Lisa

Lisa Holliday, Esq.

VA Office of Regional Counsel

11301 Wilshire Blvd.

Tel: 310-268-3491

Fax: 310-997-3687

Los Angeles , CA 90073

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