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<FILENAME>lindnermarkup041106b.txt
<DESCRIPTION>LINDNER AMENDED COMPLAINT DOCUMENT 17 TEXT VERSION
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
 -- - - - - - - PETER W. LINDNER,

                        Plaintiff,

               -against-

AMERICAN EXPRESS CORPORATION and  QING LIN,

                        Defendants.
- - - - - - - - - - - - - - - - - - - -

----------NOTE:  This is a .txt file that is a prelim version-----
----------       The filed  version is in pdf format as number 17-

Index No.

VERIFIED COMPLAINT




            Plaintiff Peter W. Lindner, by his attorneys, Pearce & Luz
LLP, as and for  his complaint against defendants alleges as follows:

Nature of the Action

1.	This is an action for breach of a settlement agreement,
retaliation  in violation of Title VII of the Civil Rights Act of 1964,
defamation and tortious  interference with  Plaintiff's contractual
relations.

Parties

2.	Plaintiff Peter W. Lindner ("Lindner") is an individual residing
in  New York County.
3.	Defendant American Express Corporation ("Amex") is a NY
corporation with a place of business at 200 Vesey Street, New York, New
York.
4.	Defendant Qing Lin ("Lin") is a Senior Vice President of Amex.

Facts

5.	Lindner is a computer programmer who was employed in that
capacity by Amex from 1990 to November 1998.
6.	Lin was Lindner's supervisor during his employment at Amex.
7.	In 2000 or 1999, Lindner filed a sex-discrimination claim against
Amex with the Equal Employment Opportunity Commission ("EEOC").  The
EEOC  gave Lindner a right-to-sue letter and he commenced an action
against Amex in Civil  Court, New York County in early 2000.  In that
action, Lindner alleged, among other  wrongs, sex discrimination in
violation of Title VII of the Civil Rights Act of 1964.
8.	In June 2000, Amex and Lindner settled their lawsuit and executed
a Settlement Agreement and General Release (the "Settlement
Agreement"), a copy of  which is annexed as Exhibit 1.
9.	In the Settlement Agreement, Amex agreed that it would "disclose
only Mr. Lindner's dates of employment, positions held and final salary
in response to  any inquiries or requests for references regarding Mr.
Lindner."
10.	In the Settlement Agreement, Amex agreed "to instruct and direct
the following Company employees not to disclose any information
regarding Mr.  Lindner's employment or termination of employment from
the Company to any person  outside the Company and to direct all
requests for references or inquiries received by  such employees
regarding Mr. Lindner to the appropriate human resources individual(s):
... Qing Lin...."
11.	On or about April 20, 2005, Lindner applied for a position at
Fischer Jordan, Inc., a consulting firm.  On information and belief,
one of Fischer  Jordan's clients was Amex.
12.	Trevor Barran and Boaz Salik of Fischer Jordan asked Lindner the
names of his supervisors at Amex, which Lindner supplied.
13.	Within days after the interview, Mr. Salik spoke with Lin about
Lindner.
14.	Lin told Salik that, among other things, Lindner, who had worked
at Amex for over nine years, "did not have the right [work] ethic" to
work at Amex and  "did not fit into the culture" at Amex.  Lin asked
Salik to keep the conversation  confidential.
15.	Almost immediately after this conversation between Salik and Lin,
Amex cancelled a project that Fischer Jordan was to have worked on.  On
information  and belief, in retaliation for Lindner's having brought a
sex-harassment suit against  Amex, Amex and Lin caused the project to
be cancelled because Fischer Jordan was  contemplating the hiring of
Lindner.
16.	On information and belief, Fischer Jordan declined to hire
Lindner  based on this information from Lin.
17.	In June 2005, Fischer Jordan hired Lindner as a part-time
consultant.  Lindner asked Barran whether Fischer Jordan would hire him
as a full-time  employee.
18.	In July 2005, Barran told Lindner that, based on the information
from Lin, Fischer Jordan would not hire Lindner full-time. FIRST CAUSE
OF ACTION
19.	Amex has breached the Settlement Agreement by revealing to third
persons negative employment information about Lindner without
authorization.
20.	Lindner has been damaged by Amex's breach in an amount to be
determined at trial, but not less than $100,000.
21.	Amex is liable to Lindner for breach of contract in an amount to
be  determined at trial, but not less than $100,000. SECOND CAUSE OF
ACTION
22.	Plaintiffs repeat the allegations of paragraphs 1 through 20.
23.	Lin's statements to Salik, that Lindner "does not have the right
[work] ethic," and "does not fit into the culture," were false,
defamatory, and injurious to  Lindner.
24.	Lin's false, defamatory, and injurious statements damaged Lindner
in his trade in an amount to be determined at trial, but not less than
$100,000.
25.	Amex and Lin are liable to Lindner for slander in an amount to be
determined at trial, but not less than $100,000.

THIRD CAUSE OF ACTION

26.	Plaintiffs repeat paragraphs 1 through 24.
27.	On information and belief, Amex and Lin disseminated false
information about Lindner's employment with Amex in retaliation for his
having brought  a sex-harassment suit against Amex and Lin's
supervisor, Ash Gupta.
28.	Amex and Lin's retaliatory actions against Lindner constitute an
unlawful employment practice under Title VII of the Civil Rights Act of
1964, 42 U.S.C.  section 2000e et seq.
29.	Lindner has satisfied all statutory preconditions to suit,
including  obtaining a "right-to-sue" letter from the EEOC.
30.	Lindner has been damaged by Amex's and Lin's Title VII
violations in an amount to be determined at trial, but not less than
$250,000.
31.	Amex and Lin are liable to Lindner for violations of Title VII of
the Civil Right Act of 1964, including front pay, back pay, interest,
costs, attorney's fees  and consequential damages, in an amount to be
determined at trial, but not less than  $250,000. FOURTH CAUSE OF

ACTION

32.	Plaintiffs repeat paragraphs 1 through 31.
33.	Amex and Lin deliberately and maliciously disseminated false,
defamatory, and injurious information about Lindner with the intention
of causing a  prospective employer not to hire Lindner.
34.	On information and belief, Lin and Amex deliberately and
maliciously cancelled a project that was to be awarded to Fischer,
Jordan with the  intention of causing a prospective employer not to
hire Lindner.
35.	But for Amex's and Lin's malicious interference with Lindner's
business relations with Fischer Jordan, Lindner would have been hired
by Fischer Jordan.
36.	Lin and Amex are liable to Lindner for tortious interference with
business relations in an amount to be determined at trial but not less
than $100,000.

WHEREFORE, Lindner demands judgment:

On the First, Second, and Fourth, Causes of Action, in favor of Lindner
and against Amex and Lin, in an amount to be determined at trial, but
not less than  $100,000 plus interest;
On the Third Cause of Action, in favor of Lindner and against Amex and
Lin in an amount to be determined at trial, but not less than $250,000
plus interest, costs,  and attorney's fees;
The costs and disbursements of this Action; and
Such other and further relief as the Court may deem just and proper.

April 10, 2006

PEARCE & LUZ LLP
By: _________________________
	Thomas J. Luz
Attorneys for Plaintiff
1500 Broadway, 21st Floor
New York, New York 10036
(212) 221-8733 TO:

American Express Corporation
200 Vesey Street, 49th Floor
New York, New York 10285

Qing Lin
American Express Corporation
200 Vesey Street, 49th Floor
New York, New York 10285



VERIFICATION

 STATE OF NEW YORK	)
ss.: COUNTY OF NEW YORK	)

            Peter Lindner, being duly sworn, says:
I am the Plaintiff in this action.  I have read the foregoing Complaint
and it  is true to my knowledge, except as to matters pleaded on
information and belief and as to  those matters I believe it to be
true.  The source of my knowledge is personal.
_________________________
	Peter W. Lindner

Sworn to before me this  ____ day of May, 2006

 _________________________ 	Notary Public




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