Terminating the Employment Relationship

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 the employee 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 person. The City specifically disclaims any liability to Jones or any other person for any alleged violations of the rights of Jones or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of the City or the Releases.

2. P AYMENT /C ONSIDERATION

An agreement is a contract. A legally enforceable contract must be supported by “consideration . ” Consideration is something of value to which a party is not already entitled that is given in exchange for an agreement to do, or refrain from doing, something.

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 97