Wis.LIRC ER Decision: Kaufer, Robert - November 19, 1993 - Settlement - Without specific allegations of conduct constituting duress which would justify voiding settlements agreements, LIRC will not consider requests to be relieved of the effects of such agreements - financial difficulty of being out of work, and pressure implicit in limited settlement offer with "threat" to aggressively defend the action if it is not settled, are not the type of economic "duress" that would void a settlement agreement

STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION

ROBERT KAUFER, Complainant

MILLER BREWING COMPANY, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 9051914, EEOC Case No. 260900528
ERD Case No. 9052491, EEOC Case No. 250900670

An administrative law judge for the Equal Rights Division of the Department of Industry, Labor and Human Relations issued a Decision and Order in the above-captioned matter on October 14, 1993. Complainant filed a timely petition for review by the commission.

Based upon a review of the record in its entirety, the Labor and Industry Review Commission issues the following:

ORDER

The Decision and Order of the administrative law judge (copy attached) is affirmed and shall stand as the FINAL ORDER herein.

Dated and mailed November 19, 1993

/s/ Pamela I. Anderson, Chairman

/s/ Richard T. Kreul, Commissioner

/s/ James R. Meier, Commissioner

MEMORANDUM OPINION

The commission affirms the Decision and Order of the administrative law judge not only because it agrees with his analysis, but also because it considers the mere invocation of the word "duress" to be inadequate to warrant further proceedings in any event. The complainant has made no specific allegation of anything that would be "duress" sufficient to void a settlement agreement. The financial difficulty presented by being out of work, and the pressure implicit in a limited settlement offer accompanied by a "threat" to aggressively defend the action if it is not settled, comes nowhere near to being the type of economic duress that would void an agreement. See, Hope v. Ziegler, 127 Wis. 2d 56, 60, 377 N.W.2d 201 (Ct. App. 1985), Wurtz v. Fleischman , 97 Wis. 2d 100, 110, 293 N.W.2d 155 (1980). Without specific allegations of conduct constituting the alleged "duress" which would (if the allegations were true) justify voiding the agreement, the commission will not consider requests to be relieved of the effects of settlements agreements.

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