Terminating the Employment Relationship

Jones agrees that he will direct inquiries from

Resources Director. The Human Resources Director shall verify to potential employers Jones’ dates of employment, job titles, and any other information required to be released by law.

There are two important points to make regarding such a clause. First, inquiries should be directed to a position (e.g., Human Resources Director), not a person (e.g., Mary Smith”). Identifying a person rather than a position can create ambiguity if the designated person leaves his or her employment with the agency. Second, the clause must contain the phrase “and any other information required to be released by law.” A provision that precludes an employer from releasing information required by law to be released will render the provision unenforceable. 3. D ISMISSAL OF A CTION ( S ) An agreement that resolves a pending legal or administrative matter should ensure that the employee/ex-employee dismisses the action(s) and any unknown pending action(s), with prejudice. “With prejudice” means the employee cannot later re-initiate the action. The following is a sample dismissal of action clause:

Jones represents that, with the exception of the Civil Action, as to which Jones will execute a Request for Dismissal with prejudice, he has not filed and/or does not have pending any complaints, administrative agency complaints, claims, lawsuits, requests for information, grievances, or actions against the City and/or the Releasees with any state, federal, or local agency or court, or with any administrative body, board, commission, the City, any of the Releasees, or entity whatsoever and that she will not file, initiate, or pursue any of the same at any time following the execution of this Agreement regarding any and all facts and circumstances occurring prior to execution of this Agreement. Jones represents to the City that he will not initiate any litigation or administrative proceeding with regard to his employment or end of employment with the City, or any claim released hereunder, and that all pending claims or other actions have been resolved hereunder in their totality, except as otherwise specified in this Agreement. Jones further agrees not to encourage, assist, or participate in any lawsuit or complaint of any other person against the City, or any current or former employee of the City except as compelled by legal process or required by law.

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 106