John Soldau v. Organon Inc., a Delaware Corp.

John Soldau was discharged by Organon, Inc. He received a letter from Organon offering to pay him double the normal severance pay in consideration of a release by Soldau of all claims against Organon. The letter incorporated the proposed release. Soldau signed and dated the release, and deposited it in a mailbox outside a post office. On returning home he found he had received a check from Organon in the amount of the increased severance pay. He returned to the post office, persuaded a postal employee to open the mailbox, and retrieved the release. He cashed Orga-non’s check. He then filed suit against Organon, alleging violation of state law and of the Age Discrimination in Employment Act (ADEA). The district court granted summary judgment for Organon, stating “the release was deemed fully communicated to Organon, and a binding contract was formed, at the time plaintiff deposited the executed release in the mailbox. The fact that plaintiff retrieved the release from the mailbox is of no consequence under California statutory and decisional law.”

The district court was clearly correct under Califorina law. Soldau does not argue to the contrary. Instead, he contends that the…