General Release of All Claims. In exchange for the Company’s payments in Paragraph 1, you promise that you will not xxx TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees, or agents. By signing below, you release TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “Released Parties”), from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to: a. any and all rights or claims under any of the following laws: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act and any other federal, state, or local employment statute, law, or ordinance, including any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and c. any and all claims for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any other remedies; and d. any and all claims arising under any federal or state "whistleblower" law, including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policy.
Appears in 7 contracts
Samples: Executive Employment Agreement, Executive Employment Agreement (TTEC Holdings, Inc.), Executive Employment Agreement (TTEC Holdings, Inc.)
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1, you promise that you will not xxx TTEC TeleTech Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees, or agents. By signing below, you release TTEC TeleTech Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “Released Parties”), from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any of the following laws: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act and any other federal, state, or local employment statute, law, or ordinance, including any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims for any of the following: money damages (including damages(including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "whistleblower" law, including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policy.
Appears in 3 contracts
Samples: Executive Employment Agreement (Teletech Holdings Inc), Executive Employment Agreement (Teletech Holdings Inc), Executive Employment Agreement (Teletech Holdings Inc)
General Release of All Claims. In exchange for The undersigned individual (“Executive”) hereby irrevocably releases and forever discharges any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Executive ever had, now has or may have in the future against PharmaCyte Biotech, Inc. (“Company’s payments in Paragraph 1”), you promise that you will not xxx TTEC Services Corporation, including its past and present parentsshareholders, subsidiaries, partnershipsaffiliates, affiliated companiessuccessors, assigns, officers, directors, attorneys, fiduciaries, representatives, employees, or agents. By signing belowlicensees, you release TTEC Services Corporation, including its past agents and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents assigns (collectively, the “Released PartiesReleasees”), from to the extent arising out of or related to the performance of any and all claims you may have, known services to or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any on behalf of the following laws: Title VII Company or the termination of those services and, other than claims for payments, benefits or entitlements preserved by Section 4 and claims for indemnification, advancement of expenses or coverage under the Company’s directors and officers liability insurance, of the Executive Compensation Agreement dated as of January 1, 2015, between the Company and the Executive (“Employment Agreement”), including without limitation: (i) any such claims arising out of or related to any federal, state and/or local labor or civil rights laws including, without limitation, the federal Civil Rights Act Acts of 1866, 1871, 1964, 42 U.S.C. § 2000-ethe Equal Pay Act, as amended; the Civil Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act of 1991; Sections 1981 through 1988 of Title 42 of Act, the United States CodeVietnam Era Veterans Readjustment Assistance Act, as amended; the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Employee Retirement Income Security Act of 1974, the Age Discrimination in Employment Act, as amended; the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil New York Human Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection ActLaw, the Colorado Maryland Employment Anti-Discrimination Act Laws, the Maryland wage and hour laws, and the Maryland State Personnel and Pensions Article; (ii) any and all other such claims arising out of or related to any contract, any and all other federal, state, state or local employment statuteconstitutions, lawstatutes, rules, regulations or ordinance, including executive orders; or (iii) any and all such claims arising from any common law right of employment discrimination based on raceany kind whatsoever, colorincluding, creedwithout limitation, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty any claims for any kind of tortious conduct, promissory or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory equitable estoppel, defamation, negligencebreach of the Company’s policies, infliction rules, regulations, handbooks or manuals, breach of emotional distressexpress or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any intentional tortscompensation of any kind whatsoever (collectively, outrageous conduct, interference with contract, fraud, misrepresentation, “Executive’s Claims”). Execution of this Release by the Executive operates as a complete bar and invasion of privacy; and
c. defense against any and all claims for of the Executive’s Claims against the Company and/or the other Releasees. If the Executive should hereafter assert any Executive’s Claims in any action or proceeding against the Company or any of the following: money damages (Releasees, as applicable, in any forum, this Release may be raised as and shall constitute a complete bar to any such action or proceeding and the Company and/or the Releasees shall be entitled to recover from the Executive all costs incurred, including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney attorneys’ fees, in defending against any such Executive’s Claims. Executive further waives and relinquishes any rights and benefits which he has or any other remedies; and
d. may have under California Civil Code § 1542 to the fullest extent that he may lawfully waive all such rights and benefits pertaining to the subject matter of this Release. Civil Code § 1542 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Executive acknowledges that he is aware that he may later discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this Release, but it is his intention to fully and finally forever settle and release any and all claims arising under any federal or state "whistleblower" lawclaims, including without limitation the Xxxxxxxx-Xxxxx Act of 2002matters, the Whistleblower Protection Actdisputes, and common-law wrongful discharge differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the parties to the extent set forth in violation the first paragraph hereof, and that in furtherance of public policythis intention this Release shall be and remain in effect as a full and complete general release to the extent set forth in the first paragraph herein, notwithstanding discovery or existence of any such additional or different facts.
Appears in 2 contracts
Samples: Executive Compensation Agreement (PharmaCyte Biotech, Inc.), Executive Compensation Agreement (PharmaCyte Biotech, Inc.)
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1, you promise that you will not xxx sxx TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees, or agents. By signing below, you release TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “Released Parties”), from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any of the following laws: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Employment Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Employment Protection Act, the Colorado Anti-Discrimination Act and any other federal, state, or local employment statute, law, or ordinance, including any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "whistleblower" law, including without limitation the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policy.
Appears in 2 contracts
Samples: Executive Employment Agreement (TTEC Holdings, Inc.), Executive Employment Agreement (TTEC Holdings, Inc.)
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1Employee knowingly and voluntarily releases and forever discharges Penthouse Media Group Inc., you promise that you will not xxx TTEC Services Corporationits parent corporation, including its past and present parentsaffiliates, subsidiaries, partnershipsdivisions, affiliated companiesinsurers, (and any predecessors, successors and assigns thereof), and their current and former employees, members, attorneys, officers, directorsdirectors and agents thereof, employeesboth individually and in their business capacities, or agents. By signing below, you release TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents their employee benefit plans and programs and their administrators and fiduciaries (collectively, collectively referred to throughout the remainder of this Agreement as “Released PartiesReleasees”), of and from any and all claims you may haveclaims, known or and unknown, that are releasable by private agreementasserted or unasserted, arising at any time through which the Employee has or may have against Releasees as of the date that of execution of this Agreement becomes effectiveand General Release, which is eight [8] days after you sign it without revoking it. The release specifically includes and is including, but not limited to:
a. , any and all rights or claims under any of the following lawsalleged violation of: · Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave · The Employee Retirement Income Security Act of 1993, as amended1974 (“ERISA”) (except for any vested benefits under any tax qualified retirement benefit plan); the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards · The Civil Rights Act of 1938, as amended1991; the National Labor Relations · The Immigration Reform and Control Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the · The Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay · The Age Discrimination in Employment Act of 19631967; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee · The Older Worker Benefit Protection Act, the Colorado Anti-Discrimination Act ; · The Workers Adjustment and any other federal, state, or local employment statute, law, or ordinance, including any Retraining Notification Act; · The Occupational Safety and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliationHealth Act; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "whistleblower" law, including without limitation the · The Xxxxxxxx-Xxxxx Act of 2002; · The Labor Management Relations Act; · The Rehabilitation Act of 1973; · The Fair Credit Reporting Act; · The New York State Executive Law; · The New York State Human Rights Law; · The New York State Labor Law; · The New York State Civil Rights Law; · The New York Wage Hour And Wage Benefits Law; · The New York Minimum Wage Law; · The Retaliation/Discrimination provisions of the New York Workers’ Compensation Law; · The New York City Human Rights Law; · Any other federal, the Whistleblower Protection Actstate or local civil or human rights law or any other local, and common-law wrongful discharge in violation of state or federal law, regulation or ordinance; · Any public policy, contract, tort, or common law; or · Any allegation for costs, fees, or other expenses including attorneys’ fees incurred in these matters. Notwithstanding the above, nothing in this release is intended to release or waive rights to COBRA, any existing rights of defense and indemnity or liability insurance coverage under Paragraph 12 of the Employment Agreement, or unemployment insurance benefits.
Appears in 2 contracts
Samples: General Release Agreement (FriendFinder Networks Inc.), Agreement and General Release (FriendFinder Networks Inc.)
General Release of All Claims. In exchange for the CompanyEmployee and Employee’s payments in Paragraph 1heirs, you promise that you will not xxx TTEC Services Corporationexecutors, including its past administrators, successors, and present parentsassigns knowingly and voluntarily release and forever discharge Releasees, subsidiaries, partnerships, affiliated companies, officers, directors, employees, or agents. By signing below, you release TTEC Services Corporation, including its past of and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “Released Parties”), from any and all claims you may haveclaims, known or and unknown, that are releasable by private agreementasserted or unasserted, arising at any time through which Employee has or may have against Releasees as of the date that of execution of this Agreement becomes effectiveAgreement, which is eight [8] days after you sign it without revoking it. The release specifically includes and is including, but not limited to:
a. , any and all rights or claims under any alleged violation of the following lawsfollowing, as amended: • Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; • Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave • The Employee Retirement Income Security Act of 1993, as amended1974 (“ERISA”); the • The Internal Revenue Code of 1986; • The Immigration Reform and Control Act; • The Americans with Disabilities Act of 1990; • The Worker Adjustment and Retraining Notification Act, as amended; the • The Fair Labor Standards Credit Reporting Act; • The Family and Medical Leave Act; • The Equal Pay Act; • The Genetic Information Nondiscrimination Act of 1938, as amended2008; the National Labor Relations • The Age Discrimination in Employment Act of 1967 (“ADEA”); • The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”); • Families First Coronavirus Response Act; • The New York State Executive Law (including its Human Rights Law); • The New York Equal Pay Law; • The New York Non-Discrimination for Legal Activities Law; • The New York Whistleblower Law; • The New York Workers’ Compensation Law; • The New York wage and hour and wage payment laws and regulations; • The New York Paid Sick Leave Law; • The New York False Claims Act; • The New York Criminal and Consumer Background Laws, N.Y. Gen. Bus. Law Sec. 380-B et seq.; • The Non-Discrimination and Anti-Retaliation Provisions of the New York Workers’ Compensation Law and the New York Disabilities Law; • The New York Labor Law; • The New York State Worker Adjustment and Retraining Notification Act; • The New York Occupational Safety and Health Act, as amendedLaws; the Age Discrimination in Employment • The New York Fair Credit Reporting Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act and • any other federal, state, state or local employment statutelaw, lawrule, regulation, or ordinance, including ; • any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppeltort, defamation, negligence, infliction of emotional distress, or common law; or • any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims basis for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, recovering costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "whistleblower" law, expenses including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge attorneys' fees incurred in violation of public policythese matters.
Appears in 1 contract
Samples: Settlement Agreement
General Release of All Claims. In exchange for the Company’s payments consideration described in Paragraph 1Section 2, you promise that you will not xxx TTEC Services CorporationEmployee, including its past for himself and present parentson behalf of his heirs, subsidiariesestate, partnershipsrepresentatives, affiliated companiessuccessors, officersassigns, directorsand agents, employees, or agents. By signing below, you release TTEC Services Corporation, including its past hereby expressly and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “unconditionally releases and forever discharges Company and all other Released Parties”), Parties from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date of Employee’s execution of this Agreement, including, without limitation, all possible claims arising out of or in any way relating to the Letter Agreement, Employee’s employment by Company, or the termination of that this Agreement becomes effectiveemployment.
(a) This general release of claims covers, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited tolimitation:
a. (i) any and all rights or claims under any possible legal, equitable, contract, or tort theory including, without limitation, claims for wrongful discharge, employment termination in violation of public policy, negligent hiring, negligent supervision, infliction of emotional distress, fraud, promissory estoppel, breach of contract (except breach of this Agreement), breach of any other legal, equitable or fiduciary obligation, interference with contract or prospective economic advantage, false imprisonment, assault, battery, defamation, negligence, personal injury and invasion of privacy;
(ii) any and all claims under any possible statutory theory, including, without limitation, the following lawsstatutes, as amended: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; , Sections 1981 through 1988 of Title 42 of the United States Code, as amendedthe Immigration Reform and Control Act, the Americans with Disabilities Act, the Rehabilitation Act, the Equal Pay Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act; the Pregnancy Discrimination Act, the Genetic Information Nondiscrimination Act, the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Sarbanes Oxley Act, the Xxxx-Xxxxx Act, the National Labor Relations Act, the Workers Adjustment and Retraining Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Health Insurance and Portability Accountability Act, the Fair Credit Reporting Act, Employee Polygraph Protection Act, the Colorado Anti-Georgia Fair Employment Practices Act, the Georgia Equal Pay Act, the Georgia Equal Employment for People with Disabilities Code, Retaliatory Employment Discrimination Act (“XXXX”), the North Carolina Persons with Disabilities Protection Act (“PDPA”), the Equal Employment Practices Act (“EEPA”), N.C.G.S. § 95-28.1 (which prohibits discrimination against any person possessing sickle cell trait or hemoglobin C trait), N.C.G.S. § 95-28.1A (which prohibits discrimination against persons based on genetic testing or genetic information), N.C.G.S. § 95-28.2 (which prohibits discrimination against persons for lawful use of lawful products during nonworking hours), N.C.G.S. § 130A-148(i) (which prohibits discrimination against any person having AIDS or HIV infection and which further mandates that no test for AIDS virus infection will be required, performed, or used to determine suitability for continued employment), N.C.G.S. § 9-32 (which prohibits the discharge or demotion of any employee because the employee has been called for jury duty, or is serving as a grand juror or petit juror), N.C.G.S. §§ 127A-201 to 127A-203 (which provides members of the North Carolina National Guard or the National Guard of another state with certain reemployment rights outlined therein and which further prohibits discrimination and acts of reprisal against persons who serve in the National Guard), and any other federal, state, or local employment law, statute, lawordinance, regulation or executive order prohibiting employment discrimination based on any legally protected characteristic, prohibiting retaliation for “whistleblowing” or any other legally protected activity, relating to leaves of absence, or ordinanceotherwise governing Employee’s employment with, including or separation of employment with, Company;
(iii) any and all claims of employment discrimination based on raceany kind or nature that Employee had, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conducthas, or retaliationmay have, whether known or unknown, against Company or any of the Released Parties arising on or before the date of Employee’s execution of this Agreement, including, without limitation, any continuing effects; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. (iv) any and all claims for costs, expenses and fees of any and all attorneys who have at any time or are presently representing Employee in connection with this Agreement or any other claim or right released by him under this Agreement.
(b) This Agreement shall not waive, or be construed to waive: (i) any claim or right of Employee that cannot be waived under the law; (ii) any claim or right Employee might have to unemployment compensation benefits relating to Employee’s separation from employment with Company; (iii) any claim or right Employee might have to any vested benefits for which Employee may be eligible under any employee benefit program or plan of Company; (iv) any claim or right that arises after the date of Employee’s execution of this Agreement; (v) any claim related to the enforcement of this Agreement;; and (vi) any right or claim for indemnification of Employee for third party claims arising out of or related to Employee’s service as an employee, officer and director of the Company and its subsidiaries under those entities’ certificates of incorporation and bylaws, any indemnification agreement to which Employee is a party and any insurance policies held by the Company or subsidiaries providing indemnification coverage (subject to and accordance with the terms of such documents, agreements and policies).
(c) The Parties understand that nothing in this Agreement prohibits Employee from filing an administrative charge or complaint or otherwise reporting any possible violations of federal law or regulation or making other disclosures that are protected under the whistleblower provisions of federal law or regulation to any governmental agency or entity, including, without limitation, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, Congress, or any agency Inspector General, or participating or cooperating in any investigation by any such federal, state or local administrative agency of such charge or reported violation of law. Employee, however, waives his right to monetary, injunctive, or other relief to which Employee might be entitled should any federal, state or local administrative agency or any other third party pursue any claims on Employee’s behalf arising out of or relating to his employment by Company or the termination of that employment. This means that by executing this Agreement, Employee will have waived any right to obtain a recovery if an administrative agency or any other person or entity pursues a claim against Company or any of the following: money damages (including actualother Released Parties based on any actions taken by them up to the date of Employee’s execution of this Agreement, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any and that Employee will have released Company and the other remedies; and
d. Released Parties of any and all claims described under this Section 4 arising under any federal or state "whistleblower" law, including without limitation up to the Xxxxxxxx-Xxxxx Act date of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation his execution of public policythis Agreement.
Appears in 1 contract
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1, you promise that you will not xxx TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees, or agents. By signing below, you release TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “Released Parties”), from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any of the following laws: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Employment Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Employment Protection Act, the Colorado Anti-Discrimination Act and any other federal, state, or local employment statute, law, or ordinance, including any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "“whistleblower" ” law, including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policy.
Appears in 1 contract
Samples: Executive Employment Agreement (TTEC Holdings, Inc.)
General Release of All Claims. In exchange for the above-referenced consideration and benefits, the Executive hereby irrevocably releases and forever discharges any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Executive ever had, now has or may have in the future against the Company’s payments in Paragraph 1, you promise that you will not xxx TTEC Services Corporation, including its past and present parentsstockholders, subsidiaries, partnershipsaffiliates, affiliated companiessuccessors, assigns, officers, directors, attorneys, fiduciaries, representatives, employees, or agents. By signing belowlicensees, you release TTEC Services Corporation, including its past agents and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents assigns (collectively, the “Released PartiesReleasees”), from whether or not arising out of or related to the performance of any and all claims you may have, known services to or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any on behalf of the following lawsCompany or the termination of those services, including without limitation: Title VII (i) any such claims arising out of or related to any federal, state and/or local labor or civil rights laws including, without limitation, the federal Civil Rights Acts of 1866, 1871, 1964, the Equal Pay Act, the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the Fair Credit Reporting Act, the Occupational Health and Safety Act, the Employee Polygraph Protection Act, the retaliation provisions of the Civil Rights Xxxxxxxx-Xxxxx Act of 19642002, 42 U.S.C. § 2000-ethe Federal False Claims Act, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of National Labor Relations Act, the United States CodeWorker Adjustment and Retraining Notification Act, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Employee Retirement Income Security Act of 1974, the Age Discrimination in Employment Act, as amended; the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; New York Human Rights Law, the Occupational Safety New Jersey Law Against Discrimination, the New Jersey wage and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871hour laws, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the New Jersey Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act California Fair Employment and Housing Act, the California Labor Code; (ii) any and all other such claims arising out of or related to any contract, any and all other federal, state, state or local employment statuteconstitutions, lawstatutes, rules, regulations or ordinance, including executive orders; or (iii) any and all such claims arising from any common law right of employment discrimination based on raceany kind whatsoever, colorincluding, creedwithout limitation, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty any claims for any kind of tortious conduct, promissory or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory equitable estoppel, defamation, negligencebreach of the Company’s policies, infliction rules, regulations, handbooks or manuals, breach of emotional distressexpress or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any intentional tortscompensation of any kind whatsoever (collectively, outrageous conduct, interference with contract, fraud, misrepresentation“Executive’s Claims”). This paragraph does not release the obligations of the Company under this Agreement and the benefits explicitly preserved and/or provided to the Executive under this Agreement or any claims that lawfully cannot be waived, and invasion shall not offset any vested rights that the Executive may have under the Company’s employee benefit plans. The Company also agrees not to challenge any lawful claim for unemployment benefits made by the Executive in connection with his departure from the Company and will not contest in connection with a claim for unemployment benefits the characterization of privacy; and
c. the Executive’s departure as involuntary and without cause. Execution of this Agreement by the Executive operates as a complete bar and defense against any and all claims for of the Executive’s Claims against the Company and/or the other Releasees. If the Executive should hereafter assert any Executive’s Claims in any action or proceeding against the Company or any of the following: money damages (other Releasees, as applicable, in any forum, this Agreement may be raised as and shall constitute a complete bar to any such action or proceeding and the Company and/or the other Releasees shall be entitled to recover from the Executive all costs incurred, including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney attorneys’ fees, in defending against any such action or proceeding. Executive further waives and relinquishes any other remedies; and
d. rights and benefits which he has or may have under California Civil Code § 1542 to the fullest extent that he may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. Civil Code § 1542 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Executive acknowledges that he is aware that he may later discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this Agreement, but it is his intention to fully and finally forever settle and release any and all claims arising under claims, matters, disputes, and differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the parties to the extent set forth in this Section 8, and that in furtherance of this intention this Agreement shall be and remain in effect as a full and complete general release to the extent set forth herein, notwithstanding discovery or existence of any federal such additional or state "whistleblower" different facts. The provisions of this Section 9 are not intended to preclude the Executive from: (i) enforcing the terms of this Agreement; or (ii) filing a charge or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”) or the National Labor Relations Board. This Agreement shall not impact the EEOC’s rights, responsibilities or abilities to carry out its public duties and shall not impede the Executive’s participation in EEOC procedures and processes, except insofar as it precludes the Executive from recovering any additional monies from the Company or any of the other Releasees. To the extent permitted by applicable law, including without limitation the Xxxxxxxx-Xxxxx Act Executive agrees to waive his right to any monetary or equitable recovery should any federal, state or local administrative agency pursue any claims on his behalf arising out of 2002or related to his employment with and/or separation from employment with the Company and promises not to seek or accept any award, settlement or other monetary or equitable relief from any source or proceeding brought by any person or governmental entity or agency on his behalf or on behalf of any class of which he is a member with respect to any of the claims that he has waived. The Executive agrees that, for a period of two years from the date he signed this Agreement, he will not, either personally or as an owner, director, employee, agent or consultant of another entity, engage in any proceeding intended to effect a change in control of the Company that has not been approved by the Board of Directors of the Company. A breach of this contract shall entitle the Executive to recover the compensation and benefits provided to the Executive pursuant to this Agreement. The Executive acknowledges that he has had a reasonable opportunity to review and consider the terms of this Agreement for a period of at least 21 days, that he understands and has had the opportunity to receive counsel regarding his respective rights, obligations and liabilities under this Agreement and that to the extent that the Executive has taken less than 21 days to consider this Agreement, the Whistleblower Protection ActExecutive acknowledges that he has had sufficient time to consider this Agreement and to consult with counsel and that he does not desire additional time to consider this Agreement. As long as the Executive signs and delivers this Agreement within such 21 day time period, he will have seven days after such delivery to revoke his decision by delivering written notice of such revocation to the Company. If the Executive does not revoke his decision during that seven-day period, then this Agreement shall become effective on the eighth day after being delivered by the Executive and common-law wrongful discharge in violation the Company shall provide the compensation and benefits set forth herein commencing with the beginning of public policythe Overlap Period.
Appears in 1 contract
General Release of All Claims. In exchange for the Company’s payments consideration described in Paragraph 1Section 2, you promise that you will not xxx TTEC Services CorporationEmployee, including its past for himself and present parentson behalf of his heirs, subsidiariesestate, partnershipsrepresentatives, affiliated companiessuccessors, officersassigns, directorsand agents, employees, or agents. By signing below, you release TTEC Services Corporation, including its past hereby expressly and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “unconditionally releases and forever discharges Company and all other Released Parties”), Parties from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date of Employee’s execution of this Agreement, including, without limitation, all possible claims arising out of or in any way relating to Employee’s employment by Company, or the termination of that this Agreement becomes effectiveemployment.
(a) This general release of claims covers, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited tolimitation:
a. (i) any and all rights or claims under any possible legal, equitable, contract, or tort theory including, without limitation, claims for wrongful discharge, employment termination in violation of public policy, negligent hiring, negligent supervision, infliction of emotional distress, fraud, promissory estoppel, breach of contract (except breach of this Agreement), breach of any other legal, equitable or fiduciary obligation, interference with contract or prospective economic advantage, false imprisonment, assault, battery, defamation, negligence, personal injury and invasion of privacy;
(ii) any and all claims under any possible statutory theory, including, without limitation, the following lawsstatutes, as amended: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; , Sections 1981 through 1988 of Title 42 of the United States Code, as amendedthe Immigration Reform and Control Act, the Americans with Disabilities Act, the Rehabilitation Act, the Equal Pay Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act; the Pregnancy Discrimination Act, the Genetic Information Nondiscrimination Act, the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Sarbanes Oxley Act, the Xxxx-Xxxxx Act, the National Labor Relations Act, the Workers Adjustment and Retraining Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Health Insurance and Portability Accountability Act, the Fair Credit Reporting Act, Employee Polygraph Protection Act, the Colorado Anti-Discrimination Act and any other federal, state, or local employment law, statute, lawordinance, regulation or executive order prohibiting employment discrimination based on any legally protected characteristic, prohibiting retaliation for “whistleblowing” or any other legally protected activity, relating to leaves of absence, or ordinanceotherwise governing Employee’s employment with, including or separation of employment with, Company;
(iii) any and all claims of employment discrimination based on raceany kind or nature that Employee had, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conducthas, or retaliationmay have, whether known or unknown, against Company or any of the Released Parties arising on or before the date of Employee’s execution of this Agreement, including, without limitation, any continuing effects; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. (iv) any and all claims for costs, expenses and fees of any and all attorneys who have at any time or are presently representing Employee in connection with this Agreement or any other claim or right released by him under this Agreement.
(b) This Agreement shall not waive, or be construed to waive: (i) any claim or right of Employee that cannot be waived under the law; (ii) any claim or right Employee might have to unemployment compensation benefits relating to Employee’s separation from employment with Company; (iii) any claim or right Employee might have to any vested benefits for which Employee may be eligible under any employee benefit program or plan of Company; (iv) any claim or right that arises after the date of Employee’s execution of this Agreement; (v) any claim related to the enforcement of this Agreement;; and (vi) any right or claim for indemnification of Employee for third party claims arising out of or related to Employee’s service as an employee, officer and director of the Company and its subsidiaries under those entities’ certificates of incorporation and bylaws, any indemnification agreement to which Employee is a party and any insurance policies held by the Company or subsidiaries providing indemnification coverage (subject to and accordance with the terms of such documents, agreements and policies).
(c) The Parties understand that nothing in this Agreement prohibits Employee from filing an administrative charge or complaint or otherwise reporting any possible violations of federal law or regulation or making other disclosures that are protected under the whistleblower provisions of federal law or regulation to any governmental agency or entity, including, without limitation, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, Congress, or any agency Inspector General, or participating or cooperating in any investigation by any such federal, state or local administrative agency of such charge or reported violation of law. Employee, however, waives his right to monetary, injunctive, or other relief to which Employee might be entitled should any federal, state or local administrative agency or any other third party pursue any claims on Employee’s behalf arising out of or relating to his employment by Company or the termination of that employment. This means that by executing this Agreement, Employee will have waived any right to obtain a recovery if an administrative agency or any other person or entity pursues a claim against Company or any of the following: money damages (including actualother Released Parties based on any actions taken by them up to the date of Employee’s execution of this Agreement, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any and that Employee will have released Company and the other remedies; and
d. Released Parties of any and all claims described under this Section 4 arising under any federal or state "whistleblower" law, including without limitation up to the Xxxxxxxx-Xxxxx Act date of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation his execution of public policythis Agreement.
Appears in 1 contract
Samples: Confidential Separation Agreement and General Release (Mimedx Group, Inc.)
General Release of All Claims. In exchange for The undersigned individual (the “Executive”) hereby irrevocably releases and forever discharges any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Executive ever had, now has or may have in the future against Rxxx Xxxxxx and Company’s payments in Paragraph 1, you promise that you will not xxx TTEC Services CorporationInc. (the “Company”), including its past and present parentsstockholders, subsidiaries, partnershipsaffiliates, affiliated companiessuccessors, assigns, officers, directors, attorneys, fiduciaries, representatives, employees, or agents. By signing belowlicensees, you release TTEC Services Corporation, including its past agents and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents assigns (collectively, the “Released PartiesReleasees”), from to the extent arising out of or related to the performance of any and all claims you may have, known services to or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any on behalf of the following laws: Title VII Company or the termination of those services and other than claims for payments, benefits or entitlements preserved by Section 3, and claims for indemnification and advancement of expenses under Section 2(G), of the Employment Agreement dated as of December 4, 2007, between the Company and the Executive (the “Employment Agreement”), including without limitation: (i) any such claims arising out of or related to any federal, state and/or local labor or civil rights laws including, without limitation, the federal Civil Rights Act Acts of 1866, 1871, 1964, 42 U.S.C. § 2000-ethe Equal Pay Act, as amended; the Civil Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act of 1991; Sections 1981 through 1988 of Title 42 of Act, the United States CodeVietnam Era Veterans Readjustment Assistance Act, as amended; the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Employee Retirement Income Security Act of 1974, the Age Discrimination in Employment Act, as amended; the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; New York Human Rights Law, the Occupational Safety New Jersey Law Against Discrimination, the New Jersey wage and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871hour laws, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the New Jersey Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act California Fair Employment and Housing Act, the California Labor Code; (ii) any and all other such claims arising out of or related to any contract, any and all other federal, state, state or local employment statuteconstitutions, lawstatutes, rules, regulations or ordinance, including executive orders; or (iii) any and all such claims arising from any common law right of employment discrimination based on raceany kind whatsoever, colorincluding, creedwithout limitation, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty any claims for any kind of tortious conduct, promissory or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory equitable estoppel, defamation, negligencebreach of the Company’s policies, infliction rules, regulations, handbooks or manuals, breach of emotional distressexpress or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any intentional tortscompensation of any kind whatsoever (collectively, outrageous conduct, interference with contract, fraud, misrepresentation, “Executive’s Claims”). Execution of this Release by the Executive operates as a complete bar and invasion of privacy; and
c. defense against any and all claims for of the Executive’s Claims against the Company and/or the other Releasees. If the Executive should hereafter assert any Executive’s Claims in any action or proceeding against the Company or any of the following: money damages (Releasees, as applicable, in any forum, this Release may be raised as and shall constitute a complete bar to any such action or proceeding and the Company and/or the Releasees shall be entitled to recover from the Executive all costs incurred, including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney attorneys’ fees, in defending against any such Executive’s Claims. Executive further waives and relinquishes any rights and benefits which he has or any other remedies; and
d. may have under California Civil Code § 1542 to the fullest extent that he may lawfully waive all such rights and benefits pertaining to the subject matter of this Release. Civil Code § 1542 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Executive acknowledges that he is aware that he may later discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this Release, but it is his intention to fully and finally forever settle and release any and all claims arising under any federal or state "whistleblower" lawclaims, including without limitation the Xxxxxxxx-Xxxxx Act of 2002matters, the Whistleblower Protection Actdisputes, and common-law wrongful discharge differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the parties to the extent set forth in violation the first paragraph hereof, and that in furtherance of public policythis intention this Release shall be and remain in effect as a full and complete general release to the extent set forth in the first paragraph herein, notwithstanding discovery or existence of any such additional or different facts.
Appears in 1 contract
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1Employee knowingly and voluntarily releases and forever discharges The Pantry, you promise that you will not xxx TTEC Services Corporationits parent corporation, including its past and present parentsaffiliates, subsidiaries, partnershipsdivisions, affiliated companiespredecessors, insurers, successors and assigns, and their current and former employees, attorneys, officers, directorsinsurers, employees, or agents. By signing below, you release TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officersboard members, directors, employees or executive team and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively, collectively referred to throughout the remainder of this Agreement as “Released PartiesReleasees”), of and from any and all claims you may haveclaims, known or and unknown, that are releasable by private agreementasserted or unasserted, arising at any time through which the Employee has or may have against Releasees as of the date that of execution of this Agreement becomes effectiveSeparation Agreement, which is eight [8] days after you sign it without revoking it. The release specifically includes and is including, but not limited to:
a. , any and all rights or claims under any of the following lawsalleged violation of: § Title VII of the Civil Rights Act of 1964, 42 U.S.C. ; § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave § The Civil Rights Act of 1993, as amended1991; the § The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan); § The Immigration Reform and Control Act; § The Americans with Disabilities Act of 1990; § The Age Discrimination in Employment Act of 1967 (“ADEA”); § The Older Workers Benefit Protection Act; § The Worker Adjustment and Retraining Notification Act; § The Fair Credit Reporting Act; § The Family and Medical Leave Act; § The Equal Pay Act; § The North Carolina Equal Employment Practices Act – N.C. Gen. Stat. §143-422.1 et seq., as amended; the Fair Labor Standards Act of 1938§ The North Carolina Parental Leave Law for School Involvement – N.C. Gen. Stat. §95-28.3, as amended; § The North Carolina Law Prohibiting Discrimination Against the National Labor Relations Lawful Use of Lawful Products – N.C. Gen. Stat. §95-28.2, as amended; § The North Carolina Persons With Disabilities Protection Act – N.C. Gen. Stat. §168A – 1 et seq., as amended; § The North Carolina Communicable Disease Law – N.C. Gen. Stat. §130A-148(i), as amended; § The North Carolina Discrimination on the Basis of Sickle Cell Trait Law – N.C. Gen. Stat. §95-28.1, as amended; § The North Carolina Genetic Testing Law – N.C. Gen. Stat. §95-28.1A, as amended § The North Carolina Retaliatory Employment Discrimination Law – N.C. Gen. Stat. §95-240 et seq., as amended; § The North Carolina Wage and Hour Act, as amended, including N.C. Gen. Stat. §95-25.2 et seq., and §95-25.14 et seq., as amended; the § The North Carolina Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act and any § Any other federal, state, state or local employment statutelaw, lawrule, regulation, or ordinance; § Any public policy, contract, tort, or common law; § Any obligation or claim arising under any Employment Agreement, public policy, contract (express or implied, written or oral), tort, or common law, including any and all claims of employment discrimination based on racebut not limited to, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion misrepresentation and/or obligations arising out of privacy; and
c. any and all claims for any of the following: money damages (including actualThe Pantry’s employment policies or practices, compensatoryemployee handbooks and/or any statements by any employee or agent of The Pantry, liquidated whether oral or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, written; and/or § Any basis for recovering costs, interest, expenses, attorney fees, or other expenses including attorneys' fees incurred in these matters. If any claim is not subject to release, to the extent permitted by law, Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which The Pantry or any other remediesReleasee identified in this Separation Agreement is a party. Nothing in this Agreement shall prohibit Employee from filing a charge or participating in an investigation or proceeding conducted by the U.S. Equal Employment Opportunity Commission or other governmental agency with jurisdiction concerning the terms, conditions and privileges of his employment; and
d. any and all claims arising under any federal or state "whistleblower" lawprovided however, including without limitation the Xxxxxxxx-Xxxxx Act of 2002that by signing this Separation Agreement, the Whistleblower Protection ActEmployee waives his right to, and common-law wrongful discharge shall not seek or accept, any monetary or other relief of any nature whatsoever in violation of public policyconnection with any such charge, investigation or proceeding.
Appears in 1 contract
Samples: Separation Agreement (Pantry Inc)
General Release of All Claims. A. In exchange for the above-referenced consideration, the Employee hereby irrevocably releases and forever discharges any and all known and unknown liabilities, debts, obligations, causes of action, demands, covenants, contracts, liens, controversies and any other claim of whatsoever kind or nature that the Employee ever had, now has or may have as of the date of the Employee’s execution of this Release, against the Company’s payments in Paragraph 1, you promise that you will not xxx TTEC Services Corporationits members or stockholders, including its past and present parents, subsidiaries, partnershipsaffiliates, affiliated companies, successors and assigns and their respective officers, directors, attorneys, fiduciaries, representatives, employees, or agents. By signing belowlicensees, you release TTEC Services Corporation, including its past agents and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents assigns (collectively, the “Released PartiesReleasees”), from whether or not arising out of or related to the performance of any and all claims you may have, known services to or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any on behalf of the following lawsCompany or the termination of those services, including without limitation: (i) any claims arising out of or related to any federal, state and/or local labor or civil rights laws including, without limitation, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; , the federal Civil Rights Act Acts of 1991; 1866, 1871, 1964, Sections 1981 through 1981-1988 of Title 42 of the United States Code, the Fair Credit Reporting Act, the Occupational Health and Safety Act, the Employee Polygraph Protection Act, the Immigration Reform Control Act, the retaliation provisions of the Xxxxxxxx-Xxxxx Act of 2002, the Federal False Claims Act, the Equal Pay Act, the Age Discrimination in Employment Act, as amended; , the Older Workers Benefit Protection Act, the Rehabilitation Act, the Jury Systems Improvement Act, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans Readjustment Assistance Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification ActEmployee Retirement Income Security Act of 1974, as amended; the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety California Fair Employment and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Housing Act, the Colorado Anti-Discrimination Act California Business & Professions Code, the California Labor Code, the Xxxxx Civil Rights Act, the California Civil Code, the California Family Rights Act, the California Whistleblower Statute, the California WARN Act, the California Government Code, the retaliation provisions of California’s Workers Compensation Law, the retaliation provisions of the California State Wage and Hour Laws, the California State Wage and Hour Laws; (ii) any and all other claims arising out of or related to any contract, any and all other federal, state, state or local employment statuteconstitutions, lawstatutes, rules, regulations, ordinances or ordinance, including executive orders; (iii) any and all claims arising from any common law right of employment discrimination based on raceany kind whatsoever, colorincluding, creedwithout limitation, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty any claims for any kind of tortious conduct, promissory or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory equitable estoppel, defamation, negligencebreach of the Company’s policies, infliction rules, regulations, handbooks or manuals, breach of emotional distressexpress or implied contract or covenants of good faith, wrongful discharge or dismissal, and/or failure to pay, in whole or part, any intentional tortscompensation of any kind whatsoever, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacyor; and
c. any and all claims for attorneys’ fees, costs and expenses (collectively, “Claims”). The foregoing provisions of this Paragraph 2(A) to the contrary notwithstanding, Employee (i) does not release any claims that lawfully cannot be waived, (ii) does not release any claims for indemnification and coverage and payment under directors and officers liability insurance in each case pursuant to Section 3(d)(ii)(y) of the following: money damages Employment Agreement and as applicable during the term of such Employment Agreement, and (including actualiii) shall not affect any vested rights Employee may have under the Company’s employee benefit plans.
B. The Company, compensatoryon its behalf and on behalf of all of the other Releasees, liquidated or punitive damages)hereby releases and forever discharges Employee and Employee’s heirs, equitable relief such as reinstatement or injunctive reliefrepresentatives and successors, front or back payfrom any and all known and unknown liabilities, wagesdebts, commissionsobligations, bonusescauses of action, benefitsdemands, sick paycovenants, PTO paycontracts, vacation payliens, costs, interest, expenses, attorney fees, or controversies and any other remedies; and
d. claim, which the Releasees ever had, now has or may have as of the date of the Company’s execution of this Release against the Employee by reason of any matter, cause or thing whatsoever, including without limitation, any and all claims that may arise under any federal, state or local statutes, regulations, ordinances or common law, or under any policy agreement, contract, understanding or promise, written or oral, formal or informal, between the Company and Employee, as well as to any and all claims in connection with, related to or arising out of Employee’s employment with the Company (collectively, “Company Claims”) ; provided, however, that nothing contained in this Release shall release Employee from any claims for fraud, theft, embezzlement, criminal activity, intentional breach of fiduciary duty or any material breach of the Company’s Code of Business Conduct and Ethics, or contribution action(s) in connection with any such claims (the “Proviso”). The Company confirms that it is unaware of any facts that would give rise to any of the claims against Employee of the nature referenced in the Proviso.
C. Each of the Employee and the Company further waives and relinquishes any rights and benefits which she or it has or may have under California Civil Code § 1542 to the fullest extent that she may lawfully waive all such rights and benefits pertaining to the subject matter of this Release. Civil Code § 1542 provides that a general release does not extend to claims which the creditor does not know or suspect to exist in her favor at the time of executing the release, which if known by him/her must have materially affected her settlement with the debtor. Each of the Employee and the Company acknowledges that she or it is aware that she or it may later discover facts in addition to or different from those which she or it now knows or believes to be true with respect to the subject matter of this Release, but it is their respective intention to fully and finally forever settle and release any and all claims, matters, disputes, and differences, known or unknown, suspected and unsuspected, which now exist, may later exist or may previously have existed between the parties to the extent set forth in the first paragraph hereof, and that in furtherance of this intention, the releases given in this Release shall be and remain in effect as full and complete general releases to the extent set forth herein, notwithstanding discovery or existence of any such additional or different facts.
D. Additionally, nothing in this Release shall prohibit or restrict the Employee from: (i) making any disclosure of information required by law; (ii) providing information to, or testifying or otherwise assisting in any investigation or proceeding brought by, any federal or state "whistleblower" lawregulatory or law enforcement agency or legislative body, including without limitation any self-regulatory organization, or the Company’s Legal or Compliance Departments; or (iii) testifying, participating in or otherwise assisting in a proceeding relating to an alleged violation of the Xxxxxxxx-Xxxxx Act of 2002, any federal, state or municipal law relating to fraud or any rule or regulation of any self-regulatory organization. This Release is also not intended to preclude the Whistleblower Protection ActEmployee from (1) enforcing the terms of this Release; (2) challenging the validity of this Release; or (3) filing a charge or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”) or the National Labor Relations Board.
E. This Release shall not impact the EEOC’s rights, responsibilities or abilities to carry out its public duties and shall not impede the Employee’s participation in EEOC procedures and processes, except insofar as it precludes the Employee from recovering any additional monies from the Company. To the extent permitted by applicable law, the Employee agrees to waive her right to any monetary or equitable recovery should any federal, state or local administrative agency pursue any claims on her behalf arising out of or related to her employment with and/or separation from employment with the Company and promises not to seek or accept any award, settlement or other monetary or equitable relief from any source or proceeding brought by any person or governmental entity or agency on her behalf or on behalf of any class or which she is a member with respect to any of the claims she has waived.
F. The parties have executed this Release with full knowledge of any and all rights they may have, and common-law wrongful discharge they hereby assume risk of any mistakes in violation of public policyfact in connection with the true facts involved, or with regard to any additional or different facts which are now unknown to them.
Appears in 1 contract
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1, you promise that you will not xxx TTEC Services Corporationsue TeleTech, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees, attorneys or agents, including all individuals in both their individual and representative capacities, on any claim released in this Agreement. By signing below, you release TTEC Services CorporationTeleTech, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees employees, attorneys or agents agents, including all individuals in both their individual and representative capacities (collectively, the “Released Parties”), from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date that this General Release Agreement becomes effective, which is eight [8] (8) days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any of the following laws: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act and any other federal, state, or local employment statute, law, or ordinance, including any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims for any of the following: money damages (including damages(including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, severance pay under the TeleTech Holdings, Inc. Severance Pay Plan, costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "“whistleblower" ” law, including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policy.
Appears in 1 contract
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1, you promise that you will not xxx sue TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees, or agents. By signing below, you release TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “Released Parties”), from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any of the following laws: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Employment Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Employment Protection Act, the Colorado Anti-Discrimination Act and any other federal, state, or local employment statute, law, or ordinance, including any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "whistleblower" law, including without limitation the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policy.
Appears in 1 contract
Samples: Executive Employment Agreement (TTEC Holdings, Inc.)
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1You knowingly and voluntarily release and forever discharge Blyth, you promise that you will not xxx TTEC Services Corporation, including its past and present parentsaffiliates, subsidiaries, partnershipsdivisions, affiliated companiespredecessors, insurers, successors and assigns, and all of their current and former employees, attorneys, officers, directorsdirectors and agents thereof, employeesboth individually and in their business capacities, or agents. By signing below, you release TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents their employee benefit plans and programs and their administrators and fiduciaries (collectively, collectively referred to throughout the remainder of this Agreement as “Released PartiesReleasees”), of and from any and all claims you may haveclaims, known or and unknown, that are releasable by private agreementasserted or unasserted, arising at any time through which the you have or may have against Releasees as of the date that of execution of this Agreement becomes effectiveAgreement, which is eight [8] days after you sign it without revoking it. The release specifically includes and is including, but not limited to:
a. , any and all rights or claims under any of the following lawsalleged violation of: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave The Employee Retirement Income Security Act of 1993, 1974 ("ERISA") (as amendedmodified below); the The Immigration Reform and Control Act; The Americans with Disabilities Act of 1990; The Age Discrimination in Employment Act of 1967 (“ADEA”); The Worker Adjustment and Retraining Notification Act; The Fair Credit Reporting Act; The Family and Medical Leave Act; The Equal Pay Act; The Genetic Information Nondiscrimination Act of 2008; Connecticut Fair Employment Practices Act, Conn. Gen. Stat. § 46a-51 et seq.; Connecticut Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim, Conn. Gen. Stat. § 31-290a; Connecticut Family and Medical Leave Act, Conn. Gen. Stat. § 31-51kk et seq.; Connecticut Whistleblower Law, Conn. Gen. Stat. § 31-51m; Connecticut Free Speech Law, Conn. Gen. Stat. § 31-51q; Connecticut Wage Hour and Wage Payment Laws, as amended; the Fair Labor Standards Act of 1938Connecticut OSHA, as amended; the National Labor Relations ActConnecticut Equal Pay Law, Conn. Gen. Stat. § 31-58(e) et seq.; the Occupational Safety §§ 31-75 and Health Act31-76; Connecticut Drug Testing Law, as amendedConn. Gen. Stat. § 31-51t et seq.; the Connecticut AIDS Testing and Confidentiality Law, Conn. Gen. Stat. § 19a-581 et seq.; Connecticut Age Discrimination and Employee Benefits Law, Conn. Gen. Stat. § 38a-543; Connecticut Reproductive Hazards Law, Conn. Gen. Stat. § 31-40g et seq.; Connecticut Smoking Outside the Workplace Law, Conn. Gen. Stat. § 31-40s; Connecticut Electronic Monitoring of Employees, Conn. Gen. Stat. § 31-48b and d; Connecticut Statutory Provision Regarding Protection of Social Security Numbers and Personal Information, Conn. Gen. Stat. § 42-470 et seq.; Connecticut Statutory Provision Regarding Retaliation and/or Discrimination for Making a Claim under the Connecticut Wage and Hour Laws, Conn. Gen. Stat. § 31-69b; Connecticut Law Concerning Consumer Privacy and Identity Theft, Conn. Gen. Stat. § 42-470 et seq.; Connecticut Law Preventing the Use of Credit Scores by Certain Employers in Employment ActHiring Decisions, (originally P.A. 11-223); the Americans with Disabilities Act of 1990, as amendedConnecticut Paid Sick Leave law (originally P.A. 11-52); the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act and any other federal, state, state or local employment statutelaw, lawrule, regulation, or ordinance, including ; any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppeltort, defamation, negligence, infliction of emotional distress, or common law; or any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims basis for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, recovering costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "whistleblower" law, expenses including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge attorneys' fees incurred in violation of public policythese matters.
Appears in 1 contract
General Release of All Claims. In exchange for the Company’s payments payment in Paragraph 1, you promise that you will not xxx TTEC TeleTech Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees, or agents. By signing below, you release TTEC TeleTech Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “Released Parties”), from any and all claims you may have, known or unknown, that are releasable by private agreement, arising at any time through the date that this Agreement becomes effective, which is eight [8] days after you sign it without revoking it. The release specifically includes and is not limited to:
a. any and all rights or claims under any of the following laws: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; the Civil Rights Acts of 1866, 1871, and 1991; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act Act; and any other federal, state, or local employment statute, law, or ordinance, including any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppel, defamation, negligence, infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims for any of the following: money damages (including damages(including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, costs, interest, expenses, attorney fees, or any other remedies; and
d. any and all claims arising under any federal or state "“whistleblower" ” law, including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policy.
Appears in 1 contract
Samples: Executive Employment Agreement (Teletech Holdings Inc)
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1Employee knowingly and voluntarily releases and forever discharges SPI, you promise that you will not xxx TTEC Services Corporationits parent, including its past and present parentsaffiliates, subsidiaries, partnershipsjoint ventures, affiliated holding companies, divisions, predecessors, successors and assigns (collectively, “the Company”), and their current and former employees, attorneys, officers, directors, employeesboard committee members, or agents. By signing belowshareholders, you release TTEC Services Corporationand agents thereof, including its past both individually and present parentsin their business capacities, subsidiariesand their insurers, partnerships, affiliated companies, officers, directors, employees or agents employee benefit plans and programs and their administrators and fiduciaries (collectively, collectively referred to throughout the remainder of this Agreement as “Released PartiesReleasees”), of and from any and all claims you may haveclaims, known or and unknown, that are releasable by private agreementasserted or unasserted, arising at any time through which the Employee has or may have against Releasees as of the date that of execution of this Agreement becomes effectiveAgreement, which is eight [8] days after you sign it without revoking it. The release specifically includes and is including, but not limited to:
a. , any and all rights or claims under any of the following lawsalleged violation of: § Title VII of the Civil Rights Act of 1964, 42 U.S.C. ; § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave § The Employee Retirement Income Security Act of 1993, 1974 ("ERISA") (as amendedmodified below); the § The Immigration Reform and Control Act; § The Americans with Disabilities Act of 1990; § The Age Discrimination in Employment Act of 1967 (“ADEA”); § The Worker Adjustment and Retraining Notification Act, as amended; the § The Fair Labor Standards Credit Reporting Act; § The Family and Medical Leave Act; § The Equal Pay Act; § The Genetic Information Nondiscrimination Act of 19382008; § All Maryland laws including: § Maryland Human Relations Act – Md. State Government Code Xxx. § 20-101 et seq., as amendedany regulations thereunder, and any human rights law of any Maryland county or municipality; the National § Maryland Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim – Md. Labor Relations & Employment Code § 9-1105; § Maryland Equal Pay Law – Md. Labor & Employment Code § 3-301 et seq.; § Maryland Adoption Leave Law – Md. Labor & Employment Code §§ 3-801 and 3- 802; § Maryland Medical Information Bias Law – Md. Labor & Employment Code § 5- 604; § Maryland Volunteer/Civil Air Patrol Law – Md. Labor & Employment Code § 3- 703; § Maryland Military Leave Law – Md. Public Safety Code § 13-705; § Maryland law protecting witnesses, jurors and victims who attend court proceedings – Md. Courts and Judicial Proceedings Code §§ 8-105, 9-205; § Maryland Day of Rest Law – Md. Labor & Employment Code § 3-704; § Maryland Lie Detector Law – Md. Labor & Employment Code § 3-702; § Maryland Workplace Fraud Act, Md. Labor & Employment Code § 3-901 et seq.; the § Maryland Job Applicant Fairness Act – Md. Labor & Employment Code § 3-711, effective October 1, 2011; § Maryland Wage and Hour Laws – Md. Labor & Employment Code §§ 3-401 et seq. and 3-501 et seq.; § Maryland Occupational Safety and & Health Act, as amendedamended – Md. Labor & Employment Code § 5-101 et seq.; the Age Discrimination in Employment § Maryland Flexible Leave Act; the Americans with Disabilities Act of 1990, as amended§ Maryland Pay Disparity Act; the Civil Rights Acts of 1866, 1871, and 1991§ any other statutory claims; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act and § any other federal, state, state or local employment statutelaw, lawrule, regulation, or ordinance, including ; § any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppeltort, defamation, negligence, infliction of emotional distress, or common law; or § any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims basis for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, recovering costs, interest, expenses, attorney fees, or other expenses including attorneys' fees incurred in these matters. Subject to the limitations below, Employee agrees not to institute a lawsuit against any other remedies; and
d. Releasee alleging any and claim that Employee is releasing in this Agreement. Employee agrees that, if Employee challenges the validity of this Agreement, Employee shall return to SPI all claims arising the consideration Employee received from SPI under any federal or state "whistleblower" law, including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policythis Agreement.
Appears in 1 contract
Samples: Separation Agreement (Sucampo Pharmaceuticals, Inc.)
General Release of All Claims. In exchange for Executive knowingly and voluntarily releases and forever discharges, to the Company’s payments in Paragraph 1full extent permitted by law, you promise that you will not xxx TTEC Services Corporation, including its past Navarre of and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees, or agents. By signing below, you release TTEC Services Corporation, including its past and present parents, subsidiaries, partnerships, affiliated companies, officers, directors, employees or agents (collectively, the “Released Parties”), from any and all claims you may haveclaims, known or and unknown, that are releasable by private agreementasserted and unasserted, arising at any time through Executive has or may have against Navarre as of the date that of execution of this Agreement becomes effectiveRelease including, which is eight [8] days after you sign it without revoking it. The release specifically includes and is but not limited to, the following claims and any alleged violation of:
a. All claims arising out of or relating to Executive’s employment with Navarre and Executive’s termination; and
b. All claims arising out of or relating to statements, actions, or omissions of Navarre; and
c. All claims for any and all rights alleged unlawful discrimination, harassment, retaliation or reprisal or any other alleged unlawful practices arising under any federal, state, or local statute, ordinance, or regulation, including without limitation claims under any the Age Discrimination in Employment Act of the following laws: 1967, as amended; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave Act of 1993, as amended; the Worker Adjustment and Retraining Notification Act, as amended; the Fair Labor Standards Act of 1938, as amended; the National Labor Relations Act; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990, as amended; Section 1981 of the Civil Rights Acts Act of 1866, 1871, and 1991; the Equal Pay Xxxxxxxx-Xxxxx Act of 19632002, as amended; the Employee Retirement and Income Security Act of 1974, as amended; the Equal Pay Act of 1963, as amended; the Immigration Reform and Control Act of 1986, as amended; the Worker Adjustment and Retraining Notification Act; the Minnesota Human Rights Act, as amended; the Conscientious Employee Protection Fair Credit Reporting Act, the Colorado Antias amended; and workers’ compensation non-Discrimination Act and any other federal, state, interference or local employment statute, law, or ordinance, including any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful offnon-duty conduct, or retaliationretaliation statutes; and
b. any and all common-law d. All claims such as for alleged wrongful discharge, violation of public policy, ; breach of contract; breach of implied contract; breach of a covenant of good faith and fair dealing; breach of fiduciary duty; estoppel; Executive’s activities, promissory estoppelif any, as a “whistleblower;” defamation, negligence, ; infliction of emotional distress, any intentional torts, outrageous conduct, interference with contract, ; fraud, ; misrepresentation, and invasion ; negligence; harassment; retaliation or reprisal; constructive discharge; assault; battery; rape; false imprisonment; invasions of privacy; interference with contractual or business relationships; any other wrongful employment practices or violation of any common law; and
c. any and all e. All claims for compensation of any of the following: money damages (kind, including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissionswithout limitation, bonuses, benefits, sick pay, PTO paycommissions, vacation pay, costs, interest, expenses, attorney fees, and expense reimbursements beyond that which Executive has received or any other remedieswill receive as a result of this agreement; and
d. any and all f. All claims arising under any federal or state "whistleblower" lawfor back pay, including without limitation the Xxxxxxxx-Xxxxx Act of 2002front pay, the Whistleblower Protection Actreinstatement, other equitable relief, compensatory damages, damages for alleged personal injury, liquidated damages, and common-punitive damages; and
g. All claims for attorneys’ fees, costs and interest. However, Executive’s Claims do not include any claims that the law wrongful discharge in violation of public policydoes not allow to be waived or any claims that may arise after the date on which Executive signs this Release.
Appears in 1 contract
General Release of All Claims. In exchange for the Company’s payments in Paragraph 1Employee knowingly and voluntarily releases and forever discharges SPI, you promise that you will not xxx TTEC Services Corporationits parent, including its past and present parentsaffiliates, subsidiaries, partnershipsjoint ventures, affiliated holding companies, divisions, predecessors, successors and assigns (collectively, “the Company”), and their current and former employees, attorneys, officers, directors, employeesboard committee members, or agents. By signing belowshareholders, you release TTEC Services Corporationand agents thereof, including its past both individually and present parentsin their business capacities, subsidiariesand their insurers, partnerships, affiliated companies, officers, directors, employees or agents employee benefit plans and programs and their administrators and fiduciaries (collectively, collectively referred to throughout the remainder of this Separation Agreement as “Released PartiesReleasees”), of and from any and all claims you may haveclaims, known or and unknown, that are releasable by private agreementasserted or unasserted, arising at any time through which the Employee has or may have against Releasees as of the date that of execution of this Agreement becomes effectiveAgreement, which is eight [8] days after you sign it without revoking it. The release specifically includes and is including, but not limited to:
a. , any and all rights or claims under any of the following lawsalleged violation of: § Title VII of the Civil Rights Act of 1964, 42 U.S.C. ; § 2000-e, as amended; the Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Family and Medical Leave § The Employee Retirement Income Security Act of 1993, 1974 ("ERISA") (as amendedmodified below); the § The Immigration Reform and Control Act; § The Americans with Disabilities Act of 1990; § The Age Discrimination in Employment Act of 1967 (“ADEA”); § The Worker Adjustment and Retraining Notification Act, as amended; the § The Fair Labor Standards Credit Reporting Act; § The Family and Medical Leave Act; § The Equal Pay Act; § The Genetic Information Nondiscrimination Act of 19382008; § All Maryland laws including: § Maryland Human Relations Act – Md. State Government Code Xxx. § 20-101 et seq., as amendedany regulations thereunder, and any human rights law of any Maryland county or municipality; the National § Maryland Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim – Md. Labor Relations & Employment Code § 9-1105; § Maryland Equal Pay Law – Md. Labor & Employment Code § 3-301 et seq.; § Maryland Adoption Leave Law – Md. Labor & Employment Code §§ 3-801 and 3- 802; § Maryland Medical Information Bias Law – Md. Labor & Employment Code § 5- 604; § Maryland Volunteer/Civil Air Patrol Law – Md. Labor & Employment Code § 3- 703; § Maryland Military Leave Law – Md. Public Safety Code § 13-705; § Maryland law protecting witnesses, jurors and victims who attend court proceedings – Md. Courts and Judicial Proceedings Code §§ 8-105, 9-205; § Maryland Day of Rest Law – Md. Labor & Employment Code § 3-704; § Maryland Lie Detector Law – Md. Labor & Employment Code § 3-702; § Maryland Workplace Fraud Act, Md. Labor & Employment Code § 3-901 et seq.; the § Maryland Job Applicant Fairness Act – Md. Labor & Employment Code § 3-711, effective October 1, 2011; § Maryland Wage and Hour Laws – Md. Labor & Employment Code §§ 3-401 et seq. and 3-501 et seq.; § Maryland Occupational Safety and & Health Act, as amendedamended – Md. Labor & Employment Code § 5-101 et seq.; the Age Discrimination in Employment § Maryland Flexible Leave Act; the Americans with Disabilities Act of 1990, as amended§ Maryland Pay Disparity Act; the Civil Rights Acts of 1866, 1871, and 1991§ any other statutory claims; the Equal Pay Act of 1963; the Employee Retirement and Income Security Act of 1974, as amended; the Immigration Reform and Control Act, as amended; the Conscientious Employee Protection Act, the Colorado Anti-Discrimination Act and § any other federal, state, state or local employment statutelaw, lawrule, regulation, or ordinance, including ; § any and all claims of employment discrimination based on race, color, creed, religion, national origin, sex, age, marital status, disability, sexual orientation, lawful off-duty conduct, or retaliation; and
b. any and all common-law claims such as wrongful discharge, violation of public policy, breach of contract, promissory estoppeltort, defamation, negligence, infliction of emotional distress, or common law; or § any intentional torts, outrageous conduct, interference with contract, fraud, misrepresentation, and invasion of privacy; and
c. any and all claims basis for any of the following: money damages (including actual, compensatory, liquidated or punitive damages), equitable relief such as reinstatement or injunctive relief, front or back pay, wages, commissions, bonuses, benefits, sick pay, PTO pay, vacation pay, recovering costs, interest, expenses, attorney fees, or other expenses including attorneys' fees incurred in these matters. Subject to the limitations below, Employee agrees not to institute a lawsuit against any other remedies; and
d. Releasee alleging any and claim that Employee is releasing in this Separation Agreement. Employee agrees that, if Employee challenges the validity of this Separation Agreement, Employee shall return to SPI all claims arising the consideration Employee received from SPI under any federal or state "whistleblower" law, including without limitation the Xxxxxxxx-Xxxxx Act of 2002, the Whistleblower Protection Act, and common-law wrongful discharge in violation of public policythis Separation Agreement.
Appears in 1 contract
Samples: Separation Agreement (Sucampo Pharmaceuticals, Inc.)