Common use of Release of Employment Related Claims Clause in Contracts

Release of Employment Related Claims. Executive understands and agrees that he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees any and all remedies available to him under any employment-related causes of action, including, without limitation, claims for unpaid wages, wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act (“ADEA”), the Americans With Disabilities Act, the Federal Rehabilitation Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the California Family Rights Act, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws) and/or employment discrimination. Executive understands, however, that this Agreement does not extend to claims that may not be released as a matter of law. In addition, Executive understands and agrees that this release does not prevent Executive from making a complaint with, contacting, or participating in an investigation with a federal governmental agency such as the Equal Employment Opportunity Commission, the Department of Labor, and the Securities and Exchange Commission, but does waive and release any claim for damages or monetary relief associated with such a complaint or communication. Executive acknowledges that Executive has been advised, as required by California Government Code Section 12964.5(b)(4), that Executive has the right to consult an attorney regarding this Agreement and that Executive was given a reasonable time period of not less than five business days in which to do so. Executive further acknowledges and agrees that, in the event Executive signs this Agreement prior to the end of the reasonable time period provided by the Employer, Executive’s decision to accept such shortening of time is knowing and voluntary and is not induced by the Employer through fraud, misrepresentation, or a threat to withdraw or alter the offer prior to the expiration of the reasonable time period, or by providing different terms to employees who sign such an agreement prior to the expiration of the time period.

Appears in 2 contracts

Samples: Employment Agreement (Veritone, Inc.), Employment Agreement (Veritone, Inc.)

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Release of Employment Related Claims. Executive understands and agrees that he is waiving any and all rights he may have had, now has, or in the future may have, to pursue against any of the Releasees any and all remedies available to him under any employment-related causes cause of action, including, including without limitation, claims for unpaid wages, of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Older Workers’ Benefit Protection Act, as amended, the Executive Retirement Income Security Act (“ADEA”except for claims for vested benefits under a pension or retirement plan), the Americans With with Disabilities Act, as amended, the Federal Rehabilitation Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the California Family Rights Act, the Fair Labor Standards Act, the releasable provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, wages, hours, and/or conditions of employment (including wage and hour laws) and/or employment discrimination. Executive understands, however, that this Agreement does not extend to claims that may not be released as a matter of law. In additionAdditionally, Executive understands and agrees that this release does not prevent Executive from making a complaint withhe is relinquishing, contactingwaiving and releasing any and all rights he may have had, now has, or participating in an investigation with a federal governmental agency the future may have, relating to stock, stock options, agreements or options to purchase stock in the future, or rights relating to such as the Equal Employment Opportunity Commissionstock or stock options, the Department of Labor, and the Securities and Exchange Commissionincluding, but does waive not limited to, vesting and release any claim for damages or monetary relief associated with such a complaint or communicationexercise rights. Executive acknowledges that he is waiving such claims only for consideration in addition to anything of value to which he is already entitled. Nothing in his Agreement shall waive any of the following: (i) rights or claims that arise after his execution of this Agreement; (ii) claims for insurance benefits under COBRA; (iii) claims for unemployment compensation and/or workers’ compensation; (iv) claims with respect to vested benefits under a pension or retirement plan governed by the Executive has been advisedRetirement Income Security Act; (v) claims for breach of this Agreement; and (vi) claims that, as required by California Government Code Section 12964.5(b)(4)a matter of applicable law, that Executive has the right are not waivable or otherwise subject to consult an attorney regarding this Agreement and that Executive was given a reasonable time period of not less than five business days in which to do sorelease. Executive further acknowledges represents and agrees that, in the event Executive signs this Agreement prior to the end of the reasonable time period provided by the Employer, Executive’s decision to accept such shortening of time is knowing and voluntary and is warrants that he does not induced by the Employer through fraud, misrepresentation, presently believe that he suffers from any work-related injury or a threat to withdraw or alter the offer prior to the expiration of the reasonable time period, or by providing different terms to employees who sign such an agreement prior to the expiration of the time periodillness.

Appears in 1 contract

Samples: Separation Agreement and General Release (Signature Group Holdings, Inc.)

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Release of Employment Related Claims. Executive understands and agrees that he [he/she] is waiving and releasing any and all rights he [he/she] may have had, now has, or in the future may have, to pursue against any of the Releasees any and all remedies available to him under any employment-related causes cause of action, including, including without limitation, claims for unpaid wages, of wrongful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, discrimination, physical injury, emotional distress, claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act (“ADEA”)of 1967, as amended, the Americans With Disabilities Act, the Federal Rehabilitation Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the California Family Rights Act, the provisions of the California Labor Code and any other federal, state or local laws and regulations relating to employment, conditions of employment (including wage and hour laws) and/or employment discrimination. Executive understands, however, that this This Agreement does not extend to release any claims that may not be released as a matter of law, and this Agreement does not waive claims or rights that arise after Executive signs this Agreement. In addition, Executive understands and agrees that Further this release Agreement does not prevent Executive from making doing any of the following: (i) obtaining unemployment compensation, state disability insurance, or workers’ compensation benefits from the appropriate agency of the state in which Executive lives and works, provided Executive satisfies the legal requirements for such benefits (nothing in this Agreement, however, guarantees or otherwise constitutes a complaint withrepresentation of any kind that Executive is entitled to such benefits); (ii) asserting any right that is created or preserved by this Agreement, contactingsuch as Executive’s right to receive the Severance Benefits; (iii) asserting any right to accrued but unpaid base salary and accrued but unused vacation as well as all other amounts to which Executive is entitled under any employee benefit plan maintained by the Company and governed by the Employee Retirement Income Security Act of 1974; (iv) asserting any rights Executive may have to indemnification under any agreement, arrangement or governing document of the Company or any of its affiliates, and/or coverage under any applicable policy of directors’ and officers’ liability insurance maintained by the Company or any of its affiliates; (v) filing a charge, giving testimony or participating in an any investigation with a federal governmental agency such as conducted by the Equal Employment Opportunity CommissionCommission (the “EEOC”) or any duly authorized agency of the United States or any state (however, the Department of Labor, and the Securities and Exchange Commission, but does waive and release any claim for damages or monetary relief associated with such a complaint or communication. Executive acknowledges that Executive has been advised, as required by California Government Code Section 12964.5(b)(4), that Executive has is hereby waiving the right to consult an attorney regarding this Agreement and that Executive was given a reasonable time period of not less than five business days any personal monetary recovery or other personal relief should the EEOC (or any similarly authorized agency) pursue any class or individual charges in which to do so. Executive further acknowledges and agrees that, part or entirely on Executive’s behalf); or (vi) challenging or seeking determination in the event Executive signs this Agreement prior to the end good faith of the reasonable time period provided by validity of this waiver under the EmployerAge Discrimination in Employment Act (nor does this release impose any condition precedent, Executive’s decision to accept such shortening of time is knowing and voluntary and is not induced by the Employer through fraud, misrepresentationpenalties, or a threat to withdraw or alter the offer prior to the expiration of the reasonable time periodcosts for doing so, or unless specifically authorized by providing different terms to employees who sign such an agreement prior to the expiration of the time periodfederal law).

Appears in 1 contract

Samples: Separation Agreement (Smart & Final Stores, Inc.)

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