Terminating the Employment Relationship

circumstances that have occurred as of the date of this Agreement, including, without limitation, any and all claims related or in any manner incidental to Jones’ employment with the City, pursuit of other jobs at the City, and any alleged treatment of Jones by the City, the end of Jones’ employ ment with the City, and the Civil Action. Jones understands that among the various rights and claims being waived by him in this Agreement are those arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. section 621, et seq.) regarding any and all facts and circumstances that have occurred prior to and up through the date Jones executes this Agreement.

In a general release, an employer should include language regarding waiver of any known, specific potential claims. For instance, if the employee has filed a DFEH complaint alleging race discrimination, sexual harassment, and/or retaliation, the general waiver and release should, in addition to the broad language, specifically identify those potential claims as being among the claims released and waived.

A waiver and release provision, no matter how well written, cannot waive claims that do not presently exist. In other words, an employee or ex-employee cannot waive claims based on events or circumstances that arise in the future.

LCW Practice Advisor

b. Specific Release In the event an employee or ex-employee will not agree to a general waiver and release, and the employer is willing to proceed without one, the employer should insist on a specific release. For instance, an employee may be willing to release all claims raised in a DFEH complaint, but unwilling to waive unknown potential claims for overtime. In that case, the waiver and release should specifically identify the claim(s) being waived and released. c. Civil Code Section 1542 A general release does not, by itself, release and waive claims about which an employee or ex employee is not aware of. California Civil Code section 1542 prevents a general release from doing so. It provides that: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 100