The defendant employer brought a motion for summary judgment to enforce a settlement agreement reached with the plaintiff employee regarding his voluntary separation.
The plaintiff had communicated acceptance of the employer's offer by email but subsequently refused to execute the full and final release, instead commencing a wrongful dismissal action.
The plaintiff argued the agreement was unenforceable on the basis of no meeting of the minds, lack of consideration, repudiation by the employer, and financial duress.
The court found that the essential terms had been agreed upon, that the employer's erroneous reference to termination for cause was corrected and did not constitute repudiation, that consideration existed in the promise to pay, and that the plaintiff failed to adduce corroborating evidence of financial duress.
Summary judgment was granted dismissing the action and requiring execution of the release.
