HomeMy WebLinkAboutAGREEMENT AND RELEASE OF CLAIMS BETWEEN AUGUSTA, GA AND CARNELL HAYNES AGREEMENT AND RELEASE OF CLAIMS
THIS AGREEMENT AND RELEASE OF CLAIMS ("Agreement") is made and
entered into by and between Camel! Haynes, (referred to as "Employee") and the Augusta,
Georgia Consolidated Government, its predecessors, affiliated entities, and subdivisions, as well
as their elected officials, members, officers, Commissions, directors, agents, insurers, attorneys,
employees and former employees, individually and in their representative capacities and Herbert
Judon(collectively referred to as "Employer").
THE PARTIES acknowledge the following:
Employer is willing to provide a one-time salary adjustment and retroactive pay based
upon the Augusta Aviation Commission 2012 Salary Study to Employee on the condition that
Employee enters into this Agreement.
THEREFORE, in consideration of the mutual agreements and promises set forth within
this Agreement, the receipt and sufficiency of which are hereby acknowledged, Employee and
Employer agree as follows:
1. Consideration.
Employee alleges that he was not properly compensated as an Aircraft Services Quality
Control Technician based upon the salary increases implemented by the Augusta Aviation
Commission in accordance with the incremental salary increases afforded to employees assigned
to the August Regional Airport based upon the Augusta Aviation Commission 2012 Salary
Study. In consideration for his execution of this Agreement and Release, the Employer agrees to
pay employee a one-time salary adjustment and retroactive pay in the amount of$3,388.66.
2. Waiver and General Release of Claims.
In consideration for the execution of this Agreement, including the promises of Employer
herein, Employee of his own free will, knowingly and voluntarily releases and forever discharges
Employer, the Augusta, Georgia Board of Commissioners, their predecessors, affiliated entities,
and subdivisions, as well as their members, officers, directors, agents, insurers, attorneys,
employees and former employees, individually and in their representative capacities, and Herbert
Judon and his predecessors (collectively referred to as the Released Parties) of and from any and
all actions or causes of action, suits, claims, and promises, in law or equity, which Employee
may now have against the Released Parties, up to and including the date he executes this
Agreement, including all unknown, undisclosed or unanticipated losses, wrongs, injuries, debts,
claims, benefits or damages, for, upon or by reason of any matter, cause or thing, including any
claim arising out of Employee's employment with or any other matter involving Employer or
Employer and including, but not limited to, any alleged violation of the National Labor Relations
Act; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., as amended; the Civil
Rights Act of 1991; Section 1981 through Section 1988 of Title 42 of the United States Code, as
amended; the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001,
et seq., as amended; the Americans With Disabilities Act of 1990, 29 U.S.C. §§ 12101 to 12213,
as amended; the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq., as amended; the Equal Pay
Act of 1963, 29 U.S.C. §§ 206(d), as amended; the Fair Credit Reporting Act; the Workers
Adjustment and Retraining Notification Act; the Immigration Reform and Control Act, as
amended; the Occupational Safety and Health Act, as amended; Georgia Fair Employment
Practices Act—O.C.G.A.. §45-19-20 et seq.; Georgia AIDS Confidentiality Act—O.C.G.A. §24-
9-47; Georgia Equal Pay Act (Sex Discrimination in Employment) — O.C.G.A. §34-5-1 et seq.;
the Federal Age in Discrimination Act, the Georgia Age Discrimination in Employment Act —
O.C.G.A. §34-1-2; Georgia Equal Employment for Persons with Disabilities Code — O.C.G.A.
§34-6A-1 et seq.; Georgia Wage Payment and Work Hour Laws; or any other federal, state or
local human rights, civil rights, wage-hour, pension or labor laws, rules and/or regulations, or
any other alleged violation of any local, state or federal law, regulation or ordinance, and/or
public policy, contract, tort or common law, including, but not limited to, any claims for loss of
consortium, any claims for costs, fees, or other expenses, including attorney's fees incurred in
these matters at any time prior to and including the date of execution of this Agreement,
provided that nothing herein waives or releases Employee's rights to enforce the terms of this
Agreement.
Employee waives all rights to file any complaint in any federal, state, or local court
against the Employer involving any events related to his allegations of non-payment of
incremental salary increases provided by the Augusta Aviation Commission 2012 Salary Study
and implementation of salary increases 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.
3. No Waiver of ADEA Claims Arising After Execution Date
and Acknowledgement of Rights Under the OWBPA:
A. Notwithstanding the foregoing, the Releasor does not release any claims under the
Age Discrimination in Employment Act that may arise after the date of execution of this
Agreement as provided for by the Older Workers Benefit Protection Act.
B. Notwithstanding any provision herein to the contrary,the parties acknowledge that the
Releasor may exercise any right provided by the Older Workers Benefit Protection Act concerning the
obtainment of a judicial determination of the validity of this Agreement, and the Releasees may not
abrogate this Agreement because of such action by the Releasor.
4. Employee Affirmations.
A. 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 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.
B. By signing this Agreement, the Releasor represents and warrants to the Employer
that: (i) the Releasor has not worked any hours for which the Releasor has not already been paid
or for which the Releasor is owed overtime compensation under the Fair Labor Standards Act or
otherwise; (ii) the Releasor has accurately reported all hours worked to the Employer and the
Releasor has not worked any hours on behalf of the Employer that the Releasor has not reported
to the Employer; and (iii) the amounts being offered and paid to the Releasor under this
Agreement by the Employer are amounts to which the Releasor is not otherwise owed or entitled
to receive.
C. The Releasor agrees that the Releasor will not make any comments to any other
person or entity, including both employees of the Employer and persons who are not employees
of the Employer, and including comments made on the Internet (whether through social websites
such as Facebook, Twitter, and LinkedIn, or otherwise), that are critical and/or derogatory in
nature about the Employer, its operations, or its employees related to this Agreement or the
allegations and/or facts related to this Agreement. The Releasor acknowledges that such criticism
or comments constitute a material breach of this Agreement.
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. Severability.
The provisions, sections and paragraphs, and the specific terms set forth therein, of this
Agreement are severable. If any provision, section or paragraph, or specific term contained
therein, of this Agreement or the application thereof is determined by a court to be illegal, invalid
or unenforceable, that provision, section, paragraph or term shall not be a part of this Agreement,
and the legality, validity and enforceability of remaining provisions, sections and paragraphs,
and all other terms therein, of this Agreement shall not be affected thereby. If, however, any
portion of the general release language is deemed unenforceable and cannot be modified to the
satisfaction of both parties, then Employee shall return the consideration paid for this
Agreement.
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 Jackson, Administrator or her successor. The revocation must be
personally delivered to or mailed to Michael Loeser, Human Resources Director, or his
successor, at (535 Telfair St., Suite 400, 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.
9. Entire Agreement.
Employee warrants that no representations or inducements have been made to Employee
except as set forth in this Agreement and that Employee has signed this Agreement knowingly
and voluntarily. This Agreement constitutes the entire agreement between the parties and may
not be amended, modified or terminated except by express written agreement between the
parties. This Agreement shall be construed and governed by the laws of the State of Georgia.
This Agreement may be executed in counterparts, each of which shall be deemed an original and
all of which together shall constitute one and the same legal document.
10. Successors And Assigns.
This Agreement shall inure to and be binding upon the parties hereto and to their
respective heirs, legal representatives, successors, and assigns.
ACKNOWLEDGMENT
EMPLOYEE AFFIRMS THAT:
A. EMPLOYEE HAS CAREFULLY READ THIS ENTIRE AGREEMENT;
B. EMPLOYEE POSSESSES SUFFICIENT EDUCATION AND/OR
EXPERIENCE TO FULLY UNDERSTAND THE EXTENT AND IMPACT
OF THIS AGREEMENT;
C. THIS AGREEMENT IS WRITTEN IN A MANNER WHICH EMPLOYEE
IS ABLE TO UNDERSTAND;
D. EMPLOYEE IS FULLY COMPETENT TO SIGN THIS AGREEMENT;
and
E. EMPLOYEE SIGNS THIS AGREEMENT VOLUNTARILY AND
WITHOUT ANY COERCION, UNDUE INFLUENCE, THREAT, OR
INTIMIDATION OF ANY KIND OR TYPE.
FOR EMPLOYEE: FOR EMPLOYER:
AUGUSTA A ' TION COMMISSION
vtib ' ,
1 JI°17:4,001.17'‘''
Carrell Haynes, mployee eorge Sasser, Chairman
Date: (® ` En_ 1 7 Date:
AUGUSTA, GEORGIA
i7 '.. , '
Wpm Hardie Davis, Jr., Mayor
y� ��®caste@�1 � 17/`'/0
Attest. 0>'C' w °1 ;*/b.
oill
/h 1 :
..,.., 00 '':
City C1 < i', g $
ec0* .'
t