Mia v. Potter
Mia v. Potter
Opinion of the Court
ORDER
Marty Mia filed two complaints against the Postmaster General, both alleging that
We review a district court’s decision to enforce a settlement agreement for abuse of discretion. Dillard v. Starcon Int’l, Inc., 483 F.3d 502, 506 (7th Cir. 2007); Hakim v. Payco-Gen. Am. Credits, Inc., 272 F.3d 932, 935 (7th Cir. 2001). Where the suit alleges employment discrimination in violation of federal law, we require both that the agreement be knowing and voluntary and that the agreement be valid under state contract law. Dillard, 483 F.3d at 507; Pierce v. Atchison, Topeka & Santa Fe Ry. Co., 65 F.3d 562, 571 (7th Cir. 1995). We presume that a settlement agreement was knowing and voluntary when the plaintiff is represented by counsel. Absent circumstances not present in this case, a plaintiff may not overcome this presumption by attacking counsel’s performance. See Baptist v. City of Kankakee, 481 F.3d 485, 490 (7th Cir. 2007). Under Illinois contract law, oral settlement agreements are enforceable if there is an offer, acceptance, and a meeting of the minds on the terms of the agreement. Dillard, 483 F.3d at 507. The terms must be “definite and certain so that a court can ascertain the parties’ agreement.” Id. at 507 (internal quotation marks and citation omitted).
Mia first argues that the agreement of March 14 was not knowing and voluntary because she was coerced or under duress when she agreed to it. In support of this argument, she attempts to attack her attorney’s performance. Even if this were a valid line of attack, cf. Baptist, 481 F.3d at 490, none of the evidence to which she has referred suggests that her attorney did anything improper.
Next Mia argues that there was no meeting of the minds on the material terms of the agreement because there were significant changes between the oral and written terms. This argument fails as well, because the oral and written contracts are substantially the same. As relevant here, the oral agreement provided that Mia would receive a $2,500 payment, that her personnel file would reflect that she had resigned and not been fired, and that Mia would agree to dismiss both her suits with prejudice. She complains that the written contract differs from these terms in several ways.
First, she complains that the written contract specifies that the Postal Service will issue an IRS Form 1099 for its payment to her and that she never agreed that her settlement payment would be taxable. But whether the payment is taxable is not up to the Postal Service; if Mia wishes to dispute its taxability, she must do so with the IRS. She also complains that the written contract specifies that she would execute a USPS Form 2574 “Resignation from the Postal Service,” which would be placed in her personnel file. She argues that she bargained for a Form 50, “Notification of Personnel Action.” But
The rest of Mia’s arguments are frivolous or undeveloped. We find no abuse of discretion by either district judge in enforcing the settlement agreement.
Affirmed.
Reference
- Full Case Name
- Marty MIA v. John E. POTTER, Postmaster General, Defendant-Appellee Marty Mia v. John E. Potter, Postmaster General
- Status
- Published