Terminating the Employment Relationship

2. In the Civil Action, Jones claims that she has suffered financial loss and other damage, including lost earnings and benefits, and emotional distress; 3. The City denies that it has any liability toward Jones, but has been forced or may be forced to incur significant fees and costs as a result of Jones’ lawsuit; therefore, it wishes to avoid incurring any additional litigation expenses; 4. This Agreement is intended to be a full, complete, and final settlement of each and every claim, cause of action, or liability, whether known or unknown, which Jones may have or may have had, against the City, any and all of its current and former employees, agents, representatives, successors, assigns, managers, officers, Council members, attorneys, and any other person acting by, through, or in concert with them (hereinafter collectively referred to as the “Releasees”) prior to and up through the date Jones executes this Agreement; and 5. Jones and the City desire to settle fully and finally all differences, claims and disputes between them, including, but not limited to, those described in the Civil Action; NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement and other good and valuable consideration, receipt of which is acknowledged by the execution of this Agreement, and to avoid unnecessary litigation, it is agreed by and between the Parties as follows: The Recitals will vary depending on the scenario and whether the agreement includes a release of all claims (releases are discussed below). In the event the agreement will require approval by a non-signatory (e.g., a council, board, risk management authority, etc.), the Recitals should state that. For instance: “This agreement shall not be enforceable unless and until the City of Fiction City Council approves it at its next regularly scheduled Council meeting on [date].”

B. C OMMON G ENERAL P ROVISIONS

1. N O A DMISSION A “No Admission” clause states that by executing and performing the terms of an agreement, one or both of the parties are not admitting wrongdoing or liability. This clause should always be in an agreement that resolves any legal proceeding or action where an agency has been accused of wrongdoing. An employee may insist that this provision be included in a separation agreement where he or she agrees to resign in lieu of discipline or termination. The following is an example of a “no admission” clause:

This Agreement and compliance with this Agreement shall not be construed as an admission by the City of any liability whatsoever, or as an admission by the City of any violation of the rights of Jones or any person, or a violation of any order, law, statute, duty, or contract whatsoever against Jones or any

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 95