HomeMy WebLinkAboutEMPLOYEE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS_ JERRY FLUELLEN •
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between Jerry Fluellen (referred to as "Employee") and the
consolidated government of Augusta, Georgia, Augusta Utilities Department, (referred herein as
"Augusta, Georgia" or collectively referred to as "Employer"). The term "Employer" as used herein
shall be defined as Augusta, Georgia, and all current and former commissioners, employees, servants,
agents, officials, insurers, and attorneys, in their official and individual capacities, together with their
predecessors, successors and assigns, both jointly and severally. In consideration of the mutual
covenants and agreements set forth below,the parties agree as follows:
THE PARTIES acknowledge the following:
Employee has provided Employer with notice of his complaint regarding not being compensated
for additional duties and working out of assigned classification and desires to receive compensation in
accordance with the higher classification pursuant to the Augusta, Georgia Personnel, Policy, and
Procedure Manual Section 500.118.
Employer agrees that Employee performed additional duties only and is willing to provide back
pay 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.
In consideration for his execution of this Agreement, the Employer agrees pay employee Nine
Thousand, Twenty-Four Dollars and Eighty-Nine Cents ($9,024.89) as additional compensation
("Compensation").
2. Waiver and General Release of Claims.
In consideration for the execution of this Agreement, including the promises of Employer herein,
Employee of her own free will, knowingly and voluntarily releases and forever discharges Employer,
Augusta, Georgia, the Augusta Utilities Department, their 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 (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
Released Parties 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 Age
Discrimination in Employment Act; 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.; 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 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. 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 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 Released Parties.
4. 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,
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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.
5. 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.
6. 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.
7. 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
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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, GEORGIA
Ail i i/I;
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( _____,.........„--)
ell-n AciliHardie Davis, Jr., a
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