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Davis v. Davis12/5/2003
ge had Seagate not laid him off, and on the express condition he forgo his right to bring claims against Seagate in a court of law.
The fact that Seagate calculated the amount of the SSB using Husband's years of service does not alter our conclusion. Because long-term employees likely would receive greater damages through court action than short-term employees, Seagate had to make the SSB option more lucrative for employees like Husband. Furthermore, Husband would not have received the SSB proceeds but for the occurrence of two events, neither of which had anything to do with the parties' joint efforts during the marriage: (1) Seagate had to terminate Husband; and (2) Husband had to waive his right to sue Seagate.
In addition, Wife offers no case law in support of her claim that Husband's ability to receive unemployment compensation after his layoff means we cannot hold the SSB to be replacement wages. Wife's argument to this effect ignores the fact that unemployment benefits are of limited duration and Husband may not have planned to retire from Seagate for many years to come.
AFFIRMED.
HANSEN, J., and JONES, J., concur.
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