RE: A Question

I agree.

-----Original Message-----
From: Palmer, Lizzette
Sent: Tuesday, November 27, 2001 3:26 PM
To: Johnson, Rick
Cc: Cash, Michelle
Subject: RE: A Question

I don't think the plan would call for an employee to withdraw from litigation to be eligible for benefits--just that the employee sign the waiver. Then, I think that in the employee's lawsuit we'd argue that the waiver released the claims and that the claims should be dismissed.

--Lizzette

-----Original Message-----
From: Johnson, Rick
Sent: Tuesday, November 27, 2001 3:10 PM
To: Palmer, Lizzette
Subject: RE: A Question

Michelle, Lizzette; is it our view that an employee who has subscribed to a class seeking certification would need to withdraw prior to executing the waiver?

-----Original Message-----
From: Palmer, Lizzette
Sent: Tuesday, November 27, 2001 2:08 PM
To: Cash, Michelle; Johnson, Rick; James, Terrie; Brown, Cole
Subject: RE: A Question

I agree with Michelle. I'm certain that the releases is designed to release such conduct.

--Lizzette

-----Original Message-----
From: Cash, Michelle
Sent: Tuesday, November 27, 2001 2:04 PM
To: Johnson, Rick; James, Terrie; Brown, Cole
Cc: Palmer, Lizzette
Subject: RE: A Question

I don't think that is true. Our waiver does contemplate such a release of claims. I think we should not comment on legal questions and let the terms of our plan and the separation agreements speak for themselves.

-----Original Message-----
From: Johnson, Rick
Sent: Tuesday, November 27, 2001 1:56 PM
To: James, Terrie; Brown, Cole
Cc: Cash, Michelle
Subject: RE: A Question
Importance: High

Terrie, Cole; I'm forwarding these to Michelle. Michelle, my view: 1. Employees who qualify to the 401K class, may exercise their rights without risking their severance. The severance waiver is not a universal surrender of rights to bring claims. Regards, Rj.

-----Original Message-----
From: James, Terrie
Sent: Tuesday, November 27, 2001 12:09 PM
To: Brown, Cole; Johnson, Rick
Subject: A Question

Rick or Cole,

PR received the following question. We'd like to have an answer prepared, but don't plan to post it or include it in any of the Q&A that will accompany scripts. (You may want to include it in an HR Q&A or post to LiveLink.)

Q. If I am a party to a 401K class action suite against Enron, how will that affect my severance if I am involuntarily terminated?

Related Q. If I am involuntarily terminated and required to sign a waiver as part of the severance package, can I participate in an employee or shareholder class action suite against Enron.