HomeMy WebLinkAboutSETTLEMENT AGREEMENT WITH GENERAL RELEASE, WAIVER AND COVENANT NOT TO SUE_ CHARLES L. MASTERS SETTLEMENT AGREEMENT WITH GENERAL RELEASE,
WAIVER AND COVENANT NOT TO SUE
Charles L.Masters("Employee")and Augusta,Georgia,its predecessors,affiliated entities,
and subdivisions, as well as their elected officials, members, officers, directors, agents, insurers,
attorneys, employees and former employees, individually and in their representative capacities
(individually and collectively the "Employer"), hereby enter into the following Settlement
Agreement("the Agreement"). Employee and Employer shall be collectively referred to herein as
"the Parties."
THE PARTIES acknowledge the following:
Employee was terminated from employment with Augusta,Georgia effective April 11,2017
for violation of Augusta, Georgia Personnel Policies and Procedures.
Employee has filed claims of discrimination with both the Augusta, Georgia Compliance
Office, Equal Employment Opportunity Division, and the U.S. Equal Employment Opportunity
Commission.
Employee wishes to receive a thirty(30)day suspension in lieu of termination for the alleged
violations of the Augusta, Georgia Personnel Policies and Procedures.
Employer is willing to reduce Employee's disciplinary action from termination to a thirty
(30)day suspension on the condition that Employee enters into this Agreement.
THEREFORE, in consideration of the mutual agreements and promised set forth within this
Agreement,the receipt and sufficiency of which are hereby acknowledged,Employee and Employer
agree as follows:
1. Reinstatement of Employment. Employee's employment with Augusta, Georgia
will be reinstated with an effective date of April 11, 2017 such that there is no gap in service by
Employee.
2. Consideration. In consideration for his execution of this Agreement, and
specifically including but not limited to withdrawal of this claims of discrimination, Employee
will receive a thirty(30) day suspension effective April 12, 2017 through May 11, 2017 in lieu of
termination. The consideration provided for herein is intended completely and forever to resolve and
end all differences between Employee and the Employer concerning his relationship with the
Employer and any matter or event occurring at any time up to and including the date of the Agreement
by and between Employee and the Employer,except as described in paragraph 4 herein.
3. Withdrawal of Claims. Employee agrees to withdrawal his claim of
discrimination filed with the Augusta, Georgia Compliance Office, Equal Employment
Opportunity Division, and his Charge of Discrimination filed with the U.S. Equal Employment
Opportunity Commission.
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4. Waiver and General Release of Claims. In consideration for this Agreement,
Employee waives releases,discharges and forgives the Employer, from any and all claims, causes
of action, liabilities or damages of any nature whatsoever, known or unknown, which Employee
had,has,or may have against the Employer,existing or arising at any time up to the date Employee
signs this Agreement (collectively "Claims"), including, but not limited to, all Claims related to
the Employment Agreement, all Claims under any federal, state or local decisional law, statutes,
regulations or constitutions, any Claims for notice or pay in lieu of notice, wages, wrongful
termination,discrimination,retaliation or harassment on the basis of any factor including,without
limitation,any Claims arising under the Age Discrimination in Employment Act of 1967,Title VII
of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Employee Retirement Income
Security Act of 1974, the National Labor Relations Act,the Americans With Disabilities Act, the
Equal Pay Act of 1963, the Fair Credit Reporting Act, the Worker Adjustment and Retraining
Notification Act, the Immigration Reform and Control Act, Sections 1981 through 1988 of Title
42 of the United States Code of Laws,the Family and Medical Leave Act,the Fair Labor Standards
Act, the Uniformed Services Employment and Re-Employment Rights Act, and any amendments
to these statutes, as well as any other federal, state or local laws concerning employment,
termination of employment, or employment discrimination, and any Claims arising in tort,
contract, or equity, provided that nothing herein waives or releases Employee's rights to enforce
the terms of this Agreement.
Employee does not waive his claims for the Workers' Compensation injury that occurred
on May 27,2016. The Parties agree that any additional treatment for the May 27, 2016 injury that
can be verified as medically related to the injury shall be covered by the Employer's Workers
Compensation Program.
Employee waives all rights to file any complaint in any federal, state,or local court against
the Employer involving any events up to and including the date the parties sign this Agreement.
Except as prohibited by law, in the event that any such claim is filed, it shall be dismissed with
prejudice upon presentation of this Agreement, and Employee shall reimburse the Employer for
its costs, including attorneys' fees, incurred in defending any such action. Notwithstanding the
forgoing,by entering into this Agreement,Employee does not waive any rights,where applicable,
to file a charge of discrimination or other claim with, or participate in an administrative or
investigative proceeding of, any federal, state or local government agency.
Employee agrees to release the Employer from any and all claims as stated above which
Employee could make on Employee's own behalf or which any other person or organization could
make on Employee's behalf. Employee specifically waives any right to become,and promises not
to become, a member of any class in which a claim against the Employer is made involving any
events as of the date of this Agreement,except where such waiver is prohibited by law. Employee
further agrees that if any individual or class pursues a claim against the Employer and prevails,
that Employee is not entitled to and will not accept any monies to which he might otherwise be
entitled.
4. Employee Affirmations. Employee acknowledges and affirms that, as of the date
of signing this Agreement, Employee: (1) has been paid all compensation, wages, bonuses,
commissions, and/or benefits to which Employee may be entitled; (2) has no known workplace
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injuries or occupational diseases other than as previously reported in writing; (3) has not been
denied leave pursuant to Employer policy or the Family and Medical Leave Act and has received
all such leave to which Employee was entitled;(4)has not divulged any proprietary or confidential
information of the Employer and will continue to maintain the confidentiality of such information;
and (5) has not filed, caused to be filed, and presently is not a party to any claim against the
Employer.
5. Denial of Liability. The Parties understand and agree that neither the making of
this Agreement, nor anything contained herein, including the furnishing of consideration for this
Agreement, shall, in any way, be construed or considered to be an admission by the Employer of
guilt or noncompliance with any federal, state or local statute,public policy,tort law,contract law,
common law, or any other wrongdoing whatsoever. Employee understands and agrees that
Employee would not receive the consideration specified herein except for execution of this
Agreement and fulfillment of the promises contained herein.
6. Attorneys Fees. It is understood that the undersigned counsel for Employee has
made counsel's own separate arrangements with every attorney, advisor and/or consultant for the
satisfaction, in whole or in part, of costs and attorneys' fees, and that counsel joins in the
Agreement to release and forever discharge the Employer and all associated with them from any
claim whatsoever for such fees and costs. Employee is solely responsible for all claims of his
counsel and all other counsel, if any, claiming an interest in this litigation.
7. Special Notification Regarding Age Discrimination. Because this Agreement
includes a waiver and release of claims arising under the Age Discrimination in Employment Act,
federal law provides that Employee may have twenty-one(21)days from receipt of the Agreement
to review and consider this Agreement before signing it. Federal law also provides that Employer
must advise Employee to consult with an attorney before signing this Agreement. This Agreement
constitutes such notice. Employee understands that it is Employee's decision whether or not to
consult an attorney.
Pursuant to federal law, Employee is further advised that this waiver and release do not
apply to claims that arise after Employee signs this Agreement. Employee further understands and
agrees that Employee is receiving additional consideration that Employee would not be entitled to
receive under any Employer policy,practice or plan of Employer if Employee did not execute this
Agreement which includes the waiver and release of claims under the Age Discrimination in
Employment Act.
8. Revocation. Employee may revoke this Agreement for a period of seven (7)
calendar days following the day Employee executes this Agreement. Any revocation within this
period must be submitted, in writing,to Janice Allen Jackson,Administrator. The revocation must
be personally delivered to or mailed to Janice Allen Jackson (Room 900 — Municipal Building,
535 Telfair Street,Augusta,GA 30901)and, if mailed,postmarked within seven(7)calendar days
of Employee's signing this Agreement. This Agreement shall not become effective or enforceable
until the seven (7) day revocation period has expired (the"Effective Date"). If the last day of the
revocation period is a Saturday, Sunday, or legal holiday in Georgia, then the revocation period
shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
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9. Notice. In the event of a breach or default of this Agreement,Notice shall be made
by overnight delivery or by hand delivery to the following:
Employee Employer
John B. Long, Esq. Jody M. Smitherman, Esq.
Tucker Long, P.C. Augusta Law Department
P.O. Box 2426 535 Telfair Street, Building 3000
Augusta, Georgia 30903 Augusta, Georgia 30901
johnlong@tuckerlong.com jsmitherman@augustaga.gov
10. Miscellaneous.
a. The only exception to this Agreement with its release,waiver and covenant
not to sue is the parties' rights to enforce this Agreement by judge sitting without a jury, with
venue to be in the Superior Court of Richmond County.
b. Employee covenants not to sue and agrees and acknowledges that if he
institutes or causes to be instituted or allows to be instituted on his behalf, any claim, action, cause of
action, complaint, administrative proceeding, or charge related to the Released Claims against the
Employer that he will indemnify and hold harmless the Employer from any and all damages,
judgments, interests, costs and expenses of litigation, including attorneys' fees, of any such action or
cause of action.
c. Should any provision of this Agreement require interpretation or
construction, it is agreed by the parties hereto that the court, administrative body, or other entity
interpreting or construing this document shall apply Georgia law and shall not apply any
presumption that the provisions hereof shall be more strictly construed against one party by reason
of the rule of construction that a document is to be construed more strictly against the party
preparing same, it being agreed that all parties hereto and/or their respective attorneys and agents
have fully participated in the preparation of all provisions of this document.
d. Employee and the Employer represent and acknowledge that no promise,
inducement,or agreement other than as is expressed herein has been made and that this Agreement
contains the entire understanding and agreement of the parties.
e. Employee represents and acknowledges that his signature hereon shows that
he has decided, knowingly, voluntarily, freely and without coercion, after consulting with
appropriate legal counsel, to execute the Agreement in return for the consideration paid by the
Employer and that his signature appearing hereinafter is genuine.
f. Any modification of this Agreement shall be ineffective unless in writing
signed by the party against whom it is enforced.
g. This Agreement may be executed in identical counterparts, each of which
shall constitute an original of this Agreement. Signatures of the parties may be exchanged by
facsimile or electronically(e.g.,pdf) and same shall be treated as an original.
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ACKNOWLEDGEMENT
Employee affirms that:
a. that he and his attorney have conducted whatever investigation was deemed
necessary by him and his attorney to ascertain all facts and matters related to
this Agreement;
b. that he consulted with and received advice from legal counsel concerning this
Agreement;
c. that he is not relying in any way on any statement or representation by the
Employer or their attorneys, except as expressly stated herein, in reaching his
decision to enter into this Agreement;
d. that he has actually reviewed and discussed this Agreement with his
attorney, who explained the terms to his satisfaction;
e. that he has carefully read this Agreement, and understands its contents,
meaning and intent; and
f. that understanding this document, he has freely and voluntarily executed it
with the advice of counsel, without compulsion, coercion or duress.
IN WITNESS WHEREOF, the undersigned hereby execute this Agreement as follows:
Date arles L. Masters
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