CCR2008209-Agreement
SEPARATION AGREEMENT AND GENERAL RELEASE
THIS SEPARATION AGREEMENT AND GENERAL RELEASE (“Agreement”) is
entered into between CITY OF MUSKEGO, (“City”), and ___ (“Employee”), and is intended to
be a full and final resolution of all matters relating to Employee’s employment and separation
from employment.
WHEREAS, Employee has been employed by City;
WHEREAS, Employee’s position was eliminated;
WHEREAS, Employee’s separation is not a result of misconduct by Employee;
WHEREAS, the Parties are desirous of resolving all matters between them arising out of
Employee’s employment with City and the separation of his employment;
NOW THEREFORE, in consideration of the mutual covenants and promises set forth
herein, City and Employee agree as follows:
1. Elimination of Position. Employee’s position is eliminated effective December
31, 2008.
2. Payments. In consideration for Employee signing this Agreement and complying
with the terms of this Agreement, after the separation of his/her employment with City, City
agrees that it will begin making the following payments:
(a) Employee will receive severance pay in an amount equal to twenty-five (25)
hours of pay for each full year of continuous service with the City of Muskego. The total
amount of salary continuation shall be $______________, subject to applicable taxes and
withholdings as required by law. Such payments will be made in installments, pursuant
to City’s regular payroll schedule at their regular straight time rate of pay. The
payment(s) are attributable to the specific week or weeks in which they are payable and
the total amount will be reported as wages to Employee on an IRS Form W-2. It is
understood that if, at anytime during the period of severance payment, Employee
becomes employed, future payments of any severance pay, beginning with the date such
employment begins, will cease and the City shall not be obligated to make any further
severance pay payments, as outlined above. Employee shall be expected to promptly
notify the City of any change in his employment status during period severance is being
paid.
(b) Employee will also receive payout for any accrued and unused vacation for 2008.
Employee currently has _____ days of unused vacation. Such payment is also considered
wages and will be reported to Employee on an IRS Form W-2.
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Please initial: _____
(c) City shall continue to make its’ normal contributions to Employee’s group health
insurance coverage, such that it will continue to remain in effect for Employee for the
period of three (3) months, or through March 31, 2009. Thereafter, Employee may have
rights under the Consolidated Omnibus Budget Reconciliation Act (COBRA) and/or
MEDICARE relating to health insurance coverage.
Employee understands and agrees that upon his receipt of the payments above, he will
have been fully compensated for all work he has performed for City and that he will not make
any claims against City for any further type of compensation or remuneration of any kind. The
Parties further agree that City does not have a legal obligation to make the salary continuation
and health insurance payments described above, but that it agrees to do so in express
consideration for Employee’s promises contained herein. Employee agrees and understands that
the payments described above are conditioned upon his continued compliance with the terms of
this Agreement. A breach by Employee of any term of this Agreement will result in the
obligation of Employee to repay City the payments made under this Agreement.
3. Return of City Property. As of the date Employee signs this Agreement, he
represents that he has returned to City all City-owned or leased property or documents in his
possession or under his control.
4. Declining Future Employment by City. Employee expressly declines
reinstatement, employment and rehire by City and waives all rights to claim such relief.
Employee further agrees that he shall not seek employment by City.
5. General Release and Waiver and Covenant Not To Sue. In exchange for the
payments and other consideration described in this Agreement, Employee, on behalf of himself,
his heirs, assigns, and successors, also agrees to forever waive, release, and discharge City, and
its officers, elected officials, employees, and agents, (“Released Parties”) from any and all
known or unknown claims, actions, causes of action, obligations for damages (including, but not
limited to, compensatory, exemplary, and punitive damages), losses, expenses, attorneys’ fees or
costs, back pay, loss of earnings, debts, reinstatement and any and all other demands which he
may have against the Released Parties arising out of Employee’s employment relationship with
City, and/or any other occurrence whatsoever to the effective date of this Agreement, including,
but not limited to:
(a) Claims arising under Title VII of the Civil Rights Act of 1964, as
amended; the Civil Rights Act of 1991; Section 1983 of the Civil Rights Act of 1866; the
Americans With Disabilities Act; the Age Discrimination in Employment Act; the Older
Worker Benefit Protection Act, the Fair Labor Standards Act; the Family Medical Leave
Act (FMLA); the Employee Retirement Income Security Act (ERISA); and any other
federal, state, local or municipal employment laws;
(b) Claims arising out of any other federal, state, or local or municipal statute,
law, constitution, ordinance, or regulation; and/or
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(c) Any other claim whatsoever including, but not limited to, tort claims
relating to implied or express employment contracts; public policy or tort claims;
retaliatory discharge claims; negligent hiring, retention or supervision claims; defamation
claims; wrongful discharge claims; intentional infliction of emotional distress claims;
invasion of privacy claims; intentional interference with contract claims; negligence
claims; detrimental reliance claims; any covenant of good faith and fair dealing claims;
promissory estoppel claims; personal injury claims; common law claims; claims for
compensatory or punitive damages; claims for back pay; claims relating to legal
restrictions on City’s right to terminate employees or pursuant to any other claim
whatsoever, arising out of or relating to Employee’ employment with City and/or any
other occurrence to the date of this Agreement.
This paragraph expressly excludes any claims that Employee cannot waive by law and/or
any claims asserting a breach of this Agreement. Employee further agrees, in the event that he
may be included in any administrative charge or investigation or may be a member of a class, to
waive any right to monetary recovery should any administrative or governmental agency (such
as the Equal Employment Opportunity Commission), or any other person or entity, pursue any
claims on his/her behalf against the persons or entities covered by the release in this Agreement.
In addition, Employee agrees never to sue the Released Parties in any forum for any
claim covered by the above waiver and release language. If Employee violates this General
Release and Waiver by suing any of the Released Parties and should such litigation be found to
violate the provisions of this Agreement, Employee shall be liable to the Released Parties for
their reasonable attorneys’ fees and other litigation costs incurred in defending against such
litigation.
6. Waiver of Age Discrimination Claim. Pursuant to the Age Discrimination in
Employment Act of 1967 and the Older Worker Benefit Protection Act, Employee
acknowledges:
(a) He is encouraged to have this Agreement reviewed by an attorney;
(b) He is releasing all claims relating to his employment and separation
from employment under the Age Discrimination in Employment Act of 1967 and/or
the Older Worker Benefit Protection Act;
(c) He is not waiving any rights or claims that may arise after the date
this Agreement is signed;
(d) He has a minimum of forty-five (45) days from the date he receives
this Agreement to consider and sign this Agreement;
(e) For a period of seven (7) days following the date Employee signs this
Agreement, Employee may revoke this Agreement and this Agreement shall not
become effective or enforceable until the revocation period expires. In order for the
revocation to be effective it must be in writing and delivered to Mayor John Johnson
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Please initial: _____
at City of Muskego Mayors’ office at W182 S8200 Racine Avenue, P.O. Box 749,
Muskego, WI 53150-0749. If Employee executes this Agreement and does not
revoke it, Employee will receive the payments described in paragraph 2.
(f) By executing this Agreement, Employee represents that he fully
understands all provisions of this Agreement and understands the consequences of
executing this Agreement.
(g) Attached hereto are the positions and the number of affected
employees also experiencing elimination at this time.
7. No Admission of Wrongdoing. This Agreement shall not in any way be
construed as an admission by City that it has violated any law or acted wrongfully with respect to
Employee or any other person.
8. Entire Agreement/Modification. This Agreement sets forth the entire agreement
between the Parties and fully supersedes any and all prior agreements or understandings between
the Parties regarding the subjects in this Agreement. No change or modification of this
Agreement shall be valid or binding upon the Parties unless such change or modification is in
writing and signed by the Parties.
9. Severability. The Parties intend all provisions of this Agreement to be enforced to
the fullest extent permitted by law. Accordingly, should a court determine that the scope of any
provision of this Agreement is too broad to be enforced as written, the Parties intend that the
court reform the provision to such narrower scope as it determines to be reasonable and
enforceable. If any provision of this Agreement is held by a court to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable and this
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision
never comprised a part of this Agreement, and the remaining provisions of this Agreement shall
remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable
provision or by its severance from this Agreement.
10. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Wisconsin.
11. Acknowledgment. By signing below, the Parties certify and represent that they
have carefully read and considered this Agreement and fully understand the extent and impact of
its provisions. The Parties acknowledge they have signed this Agreement voluntarily and
knowingly. The terms and provisions set out in this Agreement represent a full and final
resolution of Employee’s employment relationship with City.
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Please initial: _____
EMPLOYEE CITY OF MUSKEGO
Signed: _____________________________ By:
Printed Name: _______________________ Printed Name : _______________________
_________________________ _______________________
Date signed Date signed
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Please initial: _____