RELEASE AND WAIVER
In
consideration for the City’s payment of compensation as set forth above, I
freely, voluntarily, completely, and permanently release the City, its
governing bodies, and all officials, employees, agents and any others acting
for it (collectively “Releases”), from any and all claims arising out of or
related to my employment with the City which I now have, or which may hereafter
accrue, and/or which may result from participation in the RIP and this Employee
Agreement, including but not limited to claims of constructive discharge, all
federal, state, local, administrative, civil service, collective bargaining,
and other claims. I agree not to bring
any grievance, arbitration, lawsuit, or other proceeding against the City and
release all claims resulting in any way from the City’s offering and my
acceptance of the RIP and/or arising out of or related to my employment with
the City, and hereby waive any right to bring those claims in any forum. I understand that any action by me in
violation of this promise may result in a civil suit against me for breach of
this Employee Agreement.
I
realize there may be unknown facts or claims which, had they been known today,
would or could affect my decision to sign this Employee Agreement. Unless waived, Civil Code Section 1542
protects such unknown claims for automatically being given up in a general
release. It states:
“A general
release does not extend to the 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.” (Amended
by Stats. 2018, Ch. 157, Sec. 2. (SB 1431) Effective January 1, 2019)
I
knowingly and voluntarily waive any and all rights under Civil Code Section
1542, stated above, and hereby release the City from any and all claims which
would have been affected by that statute. This release and waiver extends to
and is binding upon my heirs, executors, administrators, assigns, and my
community estate.
By
signing the RIP Application and Agreement, I also waive any claim or right I
have to challenge this agreement or my retirement on age discrimination or
other grounds under the Age Discrimination in Employment Act of 1967 (ADEA). I
understand that I have been or are hereby advised to consult with an attorney
of my own choosing before signing this release of ADEA claims. My rights or
claims under the ADEA which arise after this RIP Application and Agreement is
signed, are not waived.
APPLICATION AND APPROVAL
By my signature below, I hereby apply for participation in the RIP. I fully understand that this RIP Application and Agreement becomes final and binding only upon specific approval by the CAO, consistent with the RIP Application and Agreement.
By typing my name below, I understand and agree that this form of electronic signature has the same legal force and effect as a manual signature.
