Complete Release. As a material inducement to the Bank and the Holding Company to enter into this Separation Agreement and General Release, Employee hereby irrevocably and unconditionally releases, acquits, and forever discharges the Bank, the Holding Company, and each of their owners, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “Releasees”), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement), controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Bank’s right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including without limitation (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the federal Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“ERISA”) (“Claim” or “Claims”), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had owned or held, or claimed to have owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone else.
Appears in 5 contracts
Sources: Employment Agreement (Carter Bankshares, Inc.), Employment Agreement (Carter Bankshares, Inc.), Employment Agreement (Carter Bankshares, Inc.)
Complete Release. As a material inducement to the Bank and the Holding Company to enter into this Separation Agreement and General Release, Employee hereby irrevocably and unconditionally releases, acquits, and forever discharges the Bank, the Holding Company, and each of their owners, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “Releasees”), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement)agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Bank’s right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including without limitation (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the federal Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“ERISA”) (“Claim” or “Claims”), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had owned or held, or claimed to have owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone else.
Appears in 2 contracts
Sources: Change of Control Severance Agreement (Carter Bankshares, Inc.), Change of Control Severance Agreement (Carter Bankshares, Inc.)
Complete Release. As a material inducement to the Bank and the Holding Company to enter into this Separation Agreement and General Release, Employee hereby irrevocably and unconditionally releases, acquits, acquits and forever discharges the Bank, the Holding Company, Company and each of their the Company's owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “"Releasees”"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement)agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Bank’s Company's right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including without limitation including,
(1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § ss. 1981 (discrimination); (4) the federal Age Discrimination in Employment Act (age discrimination)Act; (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“"ERISA”"); (8) Section 503 of the Rehabilitation Act of 1973; (9) the False Claims Act (“including the qui tam provision thereof); (10) the Occupational Safety and Health Act;
(11) the Consolidated Omnibus Budget Reconciliation Act of 1986; (12) the Worker Adjustment and Retraining Notification Act; (13) intentional or negligent infliction of emotional distress or "outrage";
(14) defamation; (15) interference with employment; (16) wrongful discharge; (17) invasion of privacy; (18) the Georgia Fair Employment Practices Statutes (Section 45-19-29 et seq of the Georgia Statutes); (19) the Georgia Equal Employment for Persons with Disabilities Statute (Section 34-6A-4 et seq of the Georgia Statutes); (20) The Georgia Sex Discrimination in Employment Statute (Section 34-5-3 of the Georgia Statues); (21) Section 31-8-87 of the Georgia Statutes; and (22) all applicable Georgia laws ("Claim” " or “"Claims”"), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had had, owned or held, or claimed to have have, owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude . The Company releases the Employee from filing an administrative charge with of all claims against the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not of which it is or should be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone elseaware as of the date this Agreement is executed.
Appears in 1 contract
Complete Release. a. As a material inducement to the Bank and the Holding Company to Boyd ▇▇ enter into this Separation Agreement and General ReleaseAgreement, Employee hereby John▇▇▇▇ ▇▇▇eby irrevocably and unconditionally releases, acquits, and forever discharges the Bank, the Holding Company, and Boyd ▇▇▇ each of their ownersBoyd'▇ ▇▇▇ers, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “Releasees”"Releases"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement), controversiesand agreements, damages, actions, causes of action, suits, rights, demands, costs, losses, debts (including attorneys' fees and expenses costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, any covenant of good faith and fair dealing, express or implied, or any tort, including, but not limited to, fraudulent inducement, promissory estoppel, or detrimental reliance, or any legal restrictions on the Bank’s right Boyd'▇ ▇▇▇ht to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including including, without limitation (1) Title VII of limitation: the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the federal Age Discrimination in Employment Act Act, U.S.C. ss.s▇. ▇▇1-634 (age discrimination); (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“ERISA”) (“"Claim” " or “"Claims”"), which Employee John▇▇▇▇ 4 now has, owns or holds, or claims to have, own or hold, or which Employee at John▇▇▇▇ ▇▇ any time heretofore had had, owned or held, or claimed to have owned have, own or heldhold, against each or any of the Releasees at Releases.
b. B▇▇▇ ▇▇▇eby irrevocably and unconditionally releases, acquits, and forever discharges John▇▇▇▇ ▇▇▇m any and all charges, complaints, claims, promises, and agreements, damages, (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights arising out of alleged violations of any contracts, express or implied, any covenant of good faith and fair dealing, express or implied, or any tort, including, but not limited to, fraudulent inducement, promissory estoppel, or detrimental reliance, or any federal, state or other governmental statute, regulation, or ordinance ("Claim" or "Claims"), which Boyd ▇▇▇ has, owns or holds, or claims to have, own or hold, or which Boyd ▇▇ any time up heretofore had, owned or held, or claimed to and including have, own or hold, against John▇▇▇▇, ▇▇cept for acts of intentional misconduct, intentional violation of law or for fraudulent acts knowingly taken to the Effective Date detriment of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone elseBoyd.
Appears in 1 contract
Sources: General Release Agreement (Boyd Bros Transportation Inc)
Complete Release. As a material inducement to the Bank and the Holding Company to enter into this Separation Agreement and General Release, Employee hereby irrevocably and unconditionally releases, acquits, acquits and forever discharges the Bank, the Holding Company, Company and each of their the Company's owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, former employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “"Releasees”"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement)agreements, controversies, damages, actions, Initialed: --------- causes of action, suits, rights, demands, costs, losses, debts debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, actual and consequential, specific and general, however denominated, from the beginning of time up to and including the time of the signing of this Agreement; whether for back pay, severance, compensation (including deferred compensation, stock options, bonuses or commissions), health and/or life insurance premiums, policies and/or coverage, vacation pay, sick pay, income from any source, declaratory or injunctive relief, compensatory or punitive damages, wages, money, remuneration, costs, expenses, attorney's fees, retaliatory discharge in violation of public policy, or thing of value whatsoever including, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Bank’s Company's right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including including, without limitation (1) limitation: Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § ss. 1981 (discrimination); 29 U.S.C. ss. 206(d)(1) (4) equal pay); the federal Age Discrimination in Employment Act Act; Executive Order 11246 (race, color, religion, sex and national origin discrimination); Executive Order 11141 (age discrimination); Section 503 of the Rehabilitation Act of 1973 (5) the Older Workers Benefit Protection handicap discrimination); Tennessee Human Rights Act; (6) the Equal Pay Consolidated Omnibus Budget Reconciliation Act of 1985, 29 U.S.C. ss. 1161 et seq., Family & Medical Leave Act; and (7) the , Employee Retirement Income Security Act of 1974 (“ERISA”) (“Claim” or “Claims”), as each may have been amended, and those based on wrongful discharge, breach of an implied or express contract, promissory estoppel, intentional or negligent infliction of emotional distress or outrage, defamation, misrepresentation, fraud, public policy, common law, good faith and fair dealing, negligence, invasion of privacy, interference of employment which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had had, owned or held, or claimed to have have, owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone elseDate.
Appears in 1 contract
Complete Release. As a material inducement to Employee, on the Bank behalf of himself, his heirs, executors, administrators, and/or assigns, hereby knowingly and the Holding Company to enter into this Separation Agreement and General Release, Employee hereby irrevocably and unconditionally releases, acquits, voluntarily releases and forever discharges the Bank, the Holding Company, any related companies, and each of their ownersthe former and current employees, predecessors, successors, assignsofficers, agents, directors, officersshareholders, employees, representativesinvestors, attorneys, parent companiesaffiliates, divisions, subsidiaries, affiliates (successors and agents, directors, officers, employees, representatives and attorneys assigns of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively the “ReleaseesReleased Parties”), or any of them, ) from any and all charges, complaintsliabilities, claims, liabilitiesdemands, obligations, promises, agreements (including the Employment Agreement), controversies, damages, actions, rights of action or causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, whether known or unknown, suspected or unsuspected, includingthat Employee or his heirs, executors, administrators and/or assigns, had, has or may have against any of the Released Parties, including but not limited to, any rights arising out claims or demands based upon or relating to Employee’s employment with the Company or the cessation of that employment. This includes, but is not limited to, a release of any alleged violations rights or breaches claims Employee may have under the Age Discrimination in Employment Act of any contracts1967 (“ADEA”), express or implied, or any tort, or any legal restrictions on the Bank’s right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including without limitation (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991Equal Pay Act, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) Act, the federal Age Discrimination in Employment Act (age discrimination); (5) Family and Medical Leave Act, the Older Workers Benefit Protection Virginia Human Rights Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“ERISA”) (“Claim” or “Claims”), which Employee now has, owns or holds, or any other federal, state or local laws or regulations prohibiting employment discrimination or retaliation. This also includes, but is not limited to, a release by Employee of any claims to havefor wrongful discharge, own or holdbreach of contract, or which Employee at any time heretofore had owned or heldother statutory, common law, tort, contract, or claimed to negligence claim that Employee had, has or may have owned or held, against each or any of the Releasees at Released Parties. Employee further acknowledges that Employee has received compensation for all hours worked in accordance with applicable state and federal laws. Neither this Section, nor any time up to and including the Effective Date of other Section in this Agreement, waives or releases (i) Employee’s right, if any, to payment of vested qualified retirement benefits under the Company’s ERISA plans; (ii) the right, if any, to continuation in the Company’s medical plans as provided by COBRA; (iii) the right to bring any claims under the ADEA which arise after the date that Employee executes this Agreement, provided, however, that nothing herein shall preclude Employee from filing an administrative acknowledges that the decision to cease Employee’s employment with the Company occurred prior to Employee’s execution of this Agreement; (iv) Employee’s eligibility, if any, for indemnification and/or advancement of expenses in accordance with any applicable Company Bylaws, if any; (v) Employee’s rights, if any, to coverage under directors’ and officers’ liability insurance policy or policies of the Company and its subsidiaries and affiliates; or (vi) Employee’s rights under this Agreement. Nothing in this Section 5, or any other provision of this Agreement, waives or affects Employee’s right to file a charge of discrimination with the Equal Employment Opportunity CommissionCommission (“EEOC”) or to provide information to, but or participate as a witness in, an investigation undertaken or a proceeding initiated by the EEOC. However, Employee agrees that waives Employee’s right to monetary or other recovery, including attorneys’ fees, should Employee shall not be entitled to any monetary recovery or any other relief federal, state or local administrative agency pursue any claims on Employee’s behalf arising therefrom out of Employee’s employment or from the conclusion of Employee’s employment with the Company. Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be construed to prohibit the exercise of any subsequent lawsuit based upon rights by either party that such charge or any other charge filed by anyone elseparty may not waive as a matter of law.
Appears in 1 contract
Sources: Separation and Release Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. As a material inducement to the Bank and the Holding Company to enter into this Separation Agreement and General ReleaseAgreement, Employee hereby irrevocably and unconditionally releases, acquits, acquits and forever discharges the Bank, the Holding Company, Company and each of their the Company's owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “"Releasees”"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement), controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, includingall, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Bank’s Company's right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including including, without limitation limitation:
(1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) 42 U.S.C. ss. 1981 (discrimination); (3) the Americans with Disabilities Act (disability discrimination); (34) 42 29 U.S.C. § 1981 ▇▇.▇▇. 621-624 (the Age Discrimination in Employment Act); (5) 29 U.S.C. ss. 206(d)(1) (equal pay); (6) Executive Order 11246 (race, color, religion, sex and national origin discrimination); (47) the federal Age Discrimination in Employment Act Executive Order 11141 (age discrimination); (5) 8) Section 503 of the Older Workers Benefit Protection ActRehabilitation Act of 1973 (handicap discrimination); (69) the Equal Pay Actintentional or negligent infliction of emotional distress or "outrage"; (10) defamation; (11) interference with employment; (12) wrongful discharge; and (713) the Employee Retirement Income Security Act (“ERISA”) (“Claim” or “Claims”)invasion of privacy, which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had had, owned or held, or claimed to have have, owned or held, against each or any of the Releasees at any time up to and including the Effective Date date of this Agreement. As a material inducement to the Employee to enter into this Agreement, the Company hereby irrevocably and unconditionally releases acquits and forever discharges the Employee from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, related to Employee's employment relation with the Company; provided, however, that nothing herein shall preclude the Company does not release the Employee from filing an administrative charge with any claims related to a breach by the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone elseof his obligations hereunder.
Appears in 1 contract
Sources: Separation Agreement (Goodys Family Clothing Inc /Tn)
Complete Release. As a material inducement In consideration for the pay and benefits described in the Agreement, which I acknowledge are above and beyond any compensation to which I otherwise am entitled, I, on behalf of myself and my heirs, executors, administrators, successors, agents and assigns, hereby release the Bank University and the Holding Company to enter into this Separation Agreement and General Releaseits agents, Employee hereby irrevocably and unconditionally releasesemployees, acquitstrustees, and forever discharges the Bankofficers, the Holding Companyconsultants, and each of their ownersinsurers, representatives, lawyers, affiliates, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with them, or any of them (collectively “Releasees”), or any of themboth individually and collectively, from any each and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement), controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses every legal claim or demand of any nature whatsoeverkind, whether known or unknown, suspected existing at any time up to and including the date of this Release Addendum, including without limitation any claim or unsuspecteddemand in any way arising out of or related to (a) any action, conduct, decision or omission by any of the Releasees; and (b) my employment with and/or separation of employment with any of the Releasees, including, but not limited towithout limiting the generality of the foregoing, any rights claims arising out of, based upon, or relating to your recruitment, hire, employment, benefits (including paid time off), leaves of absence, remuneration or separation by the University, or any contract, agreement or other arrangement between me and the Releasees, or any of them (claims released by this Release Addendum are collectively referred to as “Claims”). I understand that I am waiving any Claims arising out of any alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Bank’s right to terminate employees, or any federal, state or other governmental law, statute, regulation, regulation or ordinance, including including, without limitation limitation: (1) Title Titles VI and VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination)amended; (2) the Americans with Disabilities Family and Medical Leave Act (disability discrimination)of 1993; (3) 42 U.S.C. § 1981 (discrimination)the Fair Labor Standards Act, as amended; (4) the federal Age Discrimination in Employment Act (age discrimination)and state wage and hour laws; (5) the Older Workers Benefit Protection Americans with Disabilities Act, as amended; (6) the Rehabilitation Act of 1973; (7) Title IX of the Educational Amendments of 1972; (8) Minnesota’s common law of fraud, misrepresentation, negligence, defamation, infliction of emotional distress, breach of contract, invasion of privacy, promissory estoppel, unjust enrichment, breach of the covenant of good faith and fair dealing, reprisal or retaliation, or wrongful termination or any other common law claims (including equitable claims) arising under the common law of Minnesota or any other state; (9) the Minnesota Human Rights Act; (610) the Age Discrimination in Employment Act; (11) the Age Discrimination Act of 1975; (12) retaliation under the Workers’ Compensation Act; (13) the Genetic Information Nondiscrimination Act; (14) any claim based upon the Minnesota Employment, Wages, Conditions, Hours, and Restrictions Laws set forth in Minn. Stat. Chapter 181, including, without limitation, the Minnesota Whistleblower Act; (15) the Equal Pay Act; and (716) the Employee Retirement Income Security Act (“ERISA”) (“Claim” or “Claims”), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had owned or held, or claimed to have owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone else.National Labor Relations Act;
Appears in 1 contract
Sources: Separation Agreement
Complete Release. As a material inducement to the Bank and the Holding Company Wolverine to enter into this Separation Agreement and General Releasesubject to Wolverine's performance of its obligations described in paragraph 1 hereof, Employee Roller hereby irrevocably and unconditionally releases, acquits, and forever discharges the Bank, the Holding Company, Wolverine and each of their Wolverine's owners, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “"Releasees”"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement), controversiesand agreements, damages, actions, causes of action, suits, rights, demands, costs, losses, debts (including attorneys' fees and expenses costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, including, but not limited to, the Severance Agreement, any covenant of good faith and fair dealing, express or implied, or any tort, including, but not limited to, fraudulent inducement, promissory estoppel, or detrimental reliance, or any legal restrictions on the Bank’s Wolverine's right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including without limitation ordinance (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the federal Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“ERISA”) (“"Claim” " or “"Claims”"), which Employee Roller now has, owns or holds, or claims to have, own or hold, or which Employee Roller at any time heretofore had had, owned or held, or claimed to have owned have, own or heldhold, or which Roller at any time hereinafter may have, own or hold, or claim to have, own or hold against each or any of the Releasees at any time up Releasees. Likewise, as a material inducement for Roller to and including the Effective Date of execute this Agreement; provided, howeverWolverine hereby irrevocably and unconditionally releases, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or acquits and forever discharges Roller from any subsequent lawsuit based upon such charge and all claims, demands and causes of action of whatever nature which Wolverine now has, may have or any other charge filed claims to have arising from Roller's employment by anyone elseWolverine.
Appears in 1 contract
Complete Release. As a material inducement to the Bank and the Holding Company to enter into this Separation Agreement and General Release, Employee hereby irrevocably and unconditionally releases, acquits, acquits and forever discharges the Bank, the Holding Company, Company and each of their the Company's owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, former employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “"Releasees”"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement)agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, actual and consequential, specific and general, however denominated, from the beginning of time up to and including the time of the signing of this Agreement; whether for back pay, severance, compensation (including deferred compensation, stock options, bonuses or commissions), health and/or life insurance premiums, policies and/or coverage, vacation pay, sick pay, income from any source, declaratory or injunctive relief, compensatory or punitive damages, wages, money, remuneration, costs, expenses, attorney's fees, retaliatory discharge in violation of public policy, or thing of value whatsoever including, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Bank’s Company's right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including including, without limitation (1) limitation: Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § ss. 1981 (discrimination); 29 U.S.C. ss. 206(d)(1) (4) equal pay); the federal Age Discrimination in Employment Act Act; ExecutivE Order 11246 (race, color, religion, sex and national origin discrimination); Executive Order 11141 (age discrimination); Section 503 of the Rehabilitation Act of 1973 (5) the Older Workers Benefit Protection handicap discrimination); Tennessee Human Rights Act; (6) the Equal Pay Consolidated Omnibus Budget Reconciliation Act of 1985, 29 U.S.C. ss. 1161 et seq., Family & Medical Leave Act; and (7) the , Employee Retirement Income Security Act of 1974 (“ERISA”) (“Claim” or “Claims”), as each may have been amended, and those based on wrongful discharge, breach of an implied or express contract, promissory estoppel, intentional or negligent infliction of emotional distress or outrage, defamation, misrepresentation, fraud, public policy, common law, good faith and fair dealing, negligence, invasion of privacy, interference of employment which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had had, owned or held, or claimed to have have, owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone else.Date. Initialed:_______
Appears in 1 contract
Complete Release. As a material inducement to the Bank and the Holding Company to enter into this Separation Severance Agreement and General Release, Employee ▇▇▇▇▇ hereby irrevocably and unconditionally releases, acquits, and forever discharges the Bank, the Holding Company, Company and each of their owners, the Company’s predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “Releasees”), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement)agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any rights arising out of any alleged contracts or violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the BankCompany’s right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including without limitation (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the federal Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“ERISA”) (all collectively hereinafter referred to as the “Claim” or “Claims”), which Employee ▇▇▇▇▇ now has, owns or holds, or claims to have, own or hold, or which Employee ▇▇▇▇▇ at any time heretofore had owned or held, or claimed to have owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone else.
Appears in 1 contract
Complete Release. As a material inducement to the Bank and the Holding Company to enter ---------------- into this Separation Agreement and General Releaseagreement, Employee you hereby irrevocably and unconditionally releasesrelease, acquits, acquit and forever discharges discharge the Bank, the Holding Company, Company and each of their ownersthe Company's stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and subsidiaries, affiliates), and all persons acting by, through, under or in concert with any of them ) (collectively “"Releasees”"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement)agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent ("Claim" or "Claims") which you now have, own, hold, or claim to have, claim to own, or claim to hold, or which you at any time heretofore had, owned, held or claimed to have, claimed to own, or claimed to hold, or which you at any time hereafter may have, own, hold or claim to have, claim to own, or claim to hold, against each or any of the Releasees, including, but not limited to, any rights arising out of your employment with and/or separation from the Company, out of an alleged violation of an alleged employment agreement, express or implied, any alleged violations or breaches covenants of any contractsgood faith and fair dealing, express or implied, or any tort, or any legal restrictions restric- tions on the Bank’s Company's right to terminate employees, or any federal, state or other governmental law, statute, regulation, regulation or ordinance, including including, without limitation limitation:
(1) Title VII of the Civil Rights Act At of 19641964 (race, as amended by color, religion, sex and national origin discrimination); (2) 42 U.S.C. S1981 (discrimination); (3) 42 U.S.C. SS621-634 (age discrimination); and (4) 29 U.S.C. S206(d)(1) (equal pay); (5) the Civil Rights Act of 1991Americans with Disabilities Act, 42 U.S.C. S12101, et seq.; and (6) the California Fair Employment and Housing Act, California Government Code Sections 12900, et seq. (race, color, religion, sex, and national origin discriminationorigin, disability); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the federal Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“ERISA”) (“Claim” or “Claims”), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had owned or held, or claimed to have owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone else.
Appears in 1 contract
Sources: Resignation and Release Agreement (Alexander & Baldwin Inc)
Complete Release. As a material inducement to the Bank and the Holding Company to enter into this Separation Agreement and General ReleaseAgreement, Employee hereby irrevocably and unconditionally releases, acquits, acquits and forever discharges the Bank, the Holding Company, Company and each of their the Company's owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “"Releasees”"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement), controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, includingall, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the Bank’s Company's right to terminate employees, or any federal, state or other governmental law, statute, regulation, or ordinance, including including, without limitation limitation:
(1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) 42 U.S.C. ss. 1981 (discrimination); (3) the Americans with Disabilities Act (disability discrimination); (34) 42 29 U.S.C. § 1981 ▇▇.▇▇. 621-624 (the Age Discrimination in Employment Act); (5) 29 U.S.C. ss. 206(d)(1) (equal pay); (6) Executive Order 11246 (race, color, religion, sex and national origin discrimination); (47) the federal Age Discrimination in Employment Act Executive Order 11141 (age discrimination); (5) 8) Section 503 of the Older Workers Benefit Protection ActRehabilitation Act of 1973 (handicap discrimination); (69) the Equal Pay Actintentional or negligent infliction of emotional distress or "outrage"; (10) defamation; (11) interference with employment; (12) wrongful discharge; and (713) the Employee Retirement Income Security Act (“ERISA”) (“Claim” or “Claims”)invasion of privacy, which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had had, owned or held, or claimed to have have, owned or held, against each or any of the Releasees at any time up to and including the Effective Date date of this Agreement; provided, however, that nothing herein shall preclude the Employee does not release the Company from any claims related to a breach by the Company of its obligations hereunder. As a material inducement to the Employee to enter into this Agreement, the Company hereby irrevocably and unconditionally releases acquits and forever discharges the Employee from filing an administrative charge any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, related to Employee's employment relation with the Equal Employment Opportunity CommissionCompany; provided, but however, that the Company does not release the Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge claims related to a breach by the Employee of his obligations hereunder. Nothing herein is intended to be or any other charge filed by anyone elseis to be construed to affect or release Employee's 401(k) benefits, vested stock options, and related vested benefits (except vacation benefits), if any, as a result of his employment with the Company.
Appears in 1 contract
Sources: Separation Agreement (Goodys Family Clothing Inc /Tn)
Complete Release. As a material inducement Subject to the Bank and the Holding Company to enter into Paragraph 8 in this Separation Agreement and General ReleaseAgreement, Employee hereby irrevocably and unconditionally releases, acquitsagrees to release the Company, and forever discharges the Bankits current and former parent companies, the Holding Companysubsidiaries, affiliated companies, related companies and joint ventures and each of their ownersrespective current and former officers, directors, board members, shareholders, affiliates and controlling person(s) (if any), employees, attorneys, representatives, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiariesco-employers, affiliates (and agentsvendors, directors, officers, employees, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), contractors and all other persons acting by, through, under under, or in concert with any of them (collectively “Releasees”), or any of them, ) from any and all claims, charges, complaints, claimslawsuits, liabilities, obligations, promises, agreements (including the Employment Agreement), controversiesagreements, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses expenses, injuries and grievances of any nature whatsoever, known or unknown, suspected or unsuspected, includingand every kind. Said release includes, but is not limited to, any rights arising out a full release of any alleged violations and all claims for punitive damages, attorneys’ fees, injunctive relief, declaratory relief, equitable relief, loss of wages, loss of other employment, back pay, front pay, liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation pay, sick pay, pension contributions or breaches benefits, medical or health benefits, short or long term disability benefits, and any other employee benefits; and any and all claims and demands of any contractsother kind and nature whatsoever, express or impliedforeseen, unforeseen, or any tortunforeseeable, now known or which may hereafter be discovered relating to his employment with and/or Retirement from Employer, or to any legal restrictions on event, act or omission that has occurred as of the Bank’s right date this Agreement is executed, and includes, but is not limited to, to terminate employees, or any federal, state or other governmental the fullest extent allowed by law, statute, regulation, or ordinance, including without limitation (1) all liability arising from: · Title VII of the Civil Rights Act Acts of 1964, as amended by the Civil Rights Act of 1991, (race, color, religion, sex, and national origin discrimination); (2) · the Americans with Disabilities Act (disability discrimination)of 1990; (3) · the Family and Medical Leave Act; · Genetic Information Nondiscrimination Act of 2008 · the Fair Labor Standards Act; · Sections 1981 through 1988 of Title 42 U.S.C. § 1981 (discrimination)of the United States Code; (4) · the federal Age Discrimination in Employment Act (age discrimination)of 1967; (5) · the Older Workers Benefit and Protection ActAct of 1990; (6) · the Equal Pay ActUniformed Services Employment and Reemployment Act of 1994; and (7) · the Employee Retirement Income Security Act (“ERISA”) (“Claim” or “Claims”)of 1974; · the Health Insurance Portability and Accountability Act; · the Occupational and Safety Health Act of 1970; · the Worker Adjustment and Retraining Notification Act; · the Equal Pay Act; · Executive Orders 11246 and 11141; · the Rehabilitation Act of 1973; · any and all local, which Employee now hasmunicipal, owns or holdsstate, or federal statutes, regulations or ordinances; · any and all claims to have, own arising under state or hold, federal common law; · any claims for attorneys’ fees or which Employee at any time heretofore had owned or held, or claimed to have owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing an administrative charge with the Equal Employment Opportunity Commission, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone elsecosts.
Appears in 1 contract
Complete Release. As a material inducement to the Bank and the Holding Company Bankshares to enter into this Separation Agreement and General ReleaseRelease and as a condition of engaging Employee as a Consultant pursuant to, Employee the Transition Agreement, Employee, except for [Insert any compensation and benefits not being released as of Retirement Date] or as set forth in Section 7 above, hereby irrevocably and unconditionally releases, acquits, and forever discharges the Bank, the Holding CompanyBankshares, and each of their owners, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, subsidiaries, affiliates (and agents, directors, officers, employees, local, representatives and attorneys of such parent companies, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively “Releasees”), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements (including the Employment Agreement)agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any rights arising out of any alleged violations or breaches of any contracts, express or implied, including the Employment Agreement and MCA, or any tort, or any legal restrictions on the Bank’s or Bankshares’ right to terminate employees, or any federal, state state, local, or other governmental law, statute, regulation, or ordinance, including without limitation (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 1991 (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the federal Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) the Employee Retirement Income Security Act (“ERISA”), (8) the Virginia Human Rights Act, as amended; (9) the Virginians with Disabilities Act; and (10) all other federal, V▇▇▇▇▇▇, [List other states as may be applicable] and all local statutes, ordinances, regulations, and laws (“Claim” or “Claims”), which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time heretofore had owned or held, or claimed to have owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein shall preclude Employee from filing or participating in an administrative charge with the Equal Employment Opportunity CommissionCommission or the National Labor Relations Board, or any similar local or state agency, but Employee agrees that Employee shall not be entitled to any monetary recovery or any other relief arising therefrom or from any subsequent lawsuit based upon such charge or any other charge filed by anyone else; and provided further that nothing herein precludes Employee from receiving an award for information provided to a governmental agency under the whistleblower provisions of any state or federal law or regulation.
Appears in 1 contract
Sources: Transition and Consulting Agreement (Atlantic Union Bankshares Corp)