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Separation Agreement

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Basstek5string

Junior Member
What is the name of your state (only U.S. law)? Nevada

I was terminated without cause and offered a separation agreement. I'm unable to tell from the verbiage if by accepting their terms, I'm prevented from also filing for unemployment insurance. I've copied and pasted below from a OCR pdf. Please excuse any spelling or punctuation errors and thank you in advance for help.

Separation Date: Employee's separation will be effective December 10, 2015. On Employer's
next two regular pay dates, Employee will receive his last paychecks for all work and PTO days accrued
· through the date of separation. Employee acknowledges that no other compensation, vacation pay, bonus,
sick pay, personal day pay, or any other money is or will be owed to Employee by Employer.

Claims Released: For and in consideration of the required acts and promises set forth in the text
of this Agreement, Employee hereby knowingly and voluntarily releases and discharges Employer from
any and all claims, demands, causes of action, complaints or charges, known or unknown, of any kind or
character, in tort, in contract, or under any other law or statute whatsoever, which Employee has or might
have as a result of, or in any way connected with Employee's employment or separation of employment
with Employer, including but not limited to claims under the Fair Labor Standards Act, Title VII of the
Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866 and 1871, the Americans With
Disabilities Act, the Employee Retirement Income Security Act, as amended, The Consolidated Omnibus
Budget Reconciliation Act of 1985, as amended, the Family and Medical Leave Act, the Pregnancy
Discrimination Act, the Equal Pay Act of 1973, the Rehabilitation Act of 1973, the Occupational Safety
and Health Act, the Immigration Refonn and Control Act, the Age Discrimination in Employment Act,
the Older Workers Benefit Protection Act, the Civil Rights Act of 1991 , 42 U.S.C. § 1981 and all other
local, state or federal laws including but not limited to these relating to discrimination, denial or
termination of any health benefit or benefits of any other kind, or any claims of breach or violation of
public policy, any claims arising under the Federal or any state constitution, wrongful or constructive
discharge, retaliatory discharge, breach of contract, wage claims, including but not limited to claims for
bonuses, severance, vacation and overtime, promissory estoppel, fraud, fraudulent misrepresentation or
concealment, retaliation, breach of the covenant of good faith and fair dealing, intentional and/or
negligent infliction of emotional distress, outrageous conduct, interference with prospective business
advantage, negligence, negligent misrepresentation or concealment, wrongful or bad faith termination,
defamation and other business or personal injury, or any other claims or rights to damages, whether
contractual, liquidated, compensatory, exemplary, or punitive, or rights to or claims for injunctive or
equitable relief, or rights to or claims for expenses, costs, fees, attorneys' fees, and all losses of any kind
whatsoever, which Employee has or might have by virtue of any fact(s), act(s) or event(s) occurring prior
to the effective date of this Agreement.

Withdrawal of Other Claims/Charges: Employee specifically agrees: (a) that any claims
Employee has or might have pertaining to Employer's employment practices arising under any municipal,
state, or federal law are completely settled; and (b) that Employee will withdraw any pending complaints,
charges, claims, or causes of action that may have been filed against Employer with any municipal, state,
or federal government agency or court. While Employee understands that the law permits, and that he is
not foreclosed from filing an agency charge, should any such charge or action be filed by Employee or on
Employee's behalf involving matters covered by this Agreement, Employee agrees to promptly give the
agency or court having jurisdiction a copy of this Agreement and inform them that any individual claims
Employee might otherwise have had have been settled.


Thank you again
 
Last edited:


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Nevada

I was terminated without cause and offered a separation agreement. I'm unable to tell from the verbiage if by accepting their terms, I'm prevented from also filing for unemployment insurance. I've copied and pasted below from a OCR pdf. Please excuse any spelling or punctuation errors and thank you in advance for help.

Separation Date: Employee's separation will be effective December 10, 2015. On Employer's
next two regular pay dates, Employee will receive his last paychecks for all work and PTO days accrued
· through the date of separation. Employee acknowledges that no other compensation, vacation pay, bonus,
sick pay, personal day pay, or any other money is or will be owed to Employee by Employer.

Claims Released: For and in consideration of the required acts and promises set forth in the text
of this Agreement, Employee hereby knowingly and voluntarily releases and discharges Employer from
any and all claims, demands, causes of action, complaints or charges, known or unknown, of any kind or
character, in tort, in contract, or under any other law or statute whatsoever, which Employee has or might
have as a result of, or in any way connected with Employee's employment or separation of employment
with Employer, including but not limited to claims under the Fair Labor Standards Act, Title VII of the
Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866 and 1871, the Americans With
Disabilities Act, the Employee Retirement Income Security Act, as amended, The Consolidated Omnibus
Budget Reconciliation Act of 1985, as amended, the Family and Medical Leave Act, the Pregnancy
Discrimination Act, the Equal Pay Act of 1973, the Rehabilitation Act of 1973, the Occupational Safety
and Health Act, the Immigration Refonn and Control Act, the Age Discrimination in Employment Act,
the Older Workers Benefit Protection Act, the Civil Rights Act of 1991 , 42 U.S.C. § 1981 and all other
local, state or federal laws including but not limited to these relating to discrimination, denial or
termination of any health benefit or benefits of any other kind, or any claims of breach or violation of
public policy, any claims arising under the Federal or any state constitution, wrongful or constructive
discharge, retaliatory discharge, breach of contract, wage claims, including but not limited to claims for
bonuses, severance, vacation and overtime, promissory estoppel, fraud, fraudulent misrepresentation or
concealment, retaliation, breach of the covenant of good faith and fair dealing, intentional and/or
negligent infliction of emotional distress, outrageous conduct, interference with prospective business
advantage, negligence, negligent misrepresentation or concealment, wrongful or bad faith termination,
defamation and other business or personal injury, or any other claims or rights to damages, whether
contractual, liquidated, compensatory, exemplary, or punitive, or rights to or claims for injunctive or
equitable relief, or rights to or claims for expenses, costs, fees, attorneys' fees, and all losses of any kind
whatsoever, which Employee has or might have by virtue of any fact(s), act(s) or event(s) occurring prior
to the effective date of this Agreement.

Withdrawal of Other Claims/Charges: Employee specifically agrees: (a) that any claims
Employee has or might have pertaining to Employer's employment practices arising under any municipal,
state, or federal law are completely settled; and (b) that Employee will withdraw any pending complaints,
charges, claims, or causes of action that may have been filed against Employer with any municipal, state,
or federal government agency or court. While Employee understands that the law permits, and that he is
not foreclosed from filing an agency charge, should any such charge or action be filed by Employee or on
Employee's behalf involving matters covered by this Agreement, Employee agrees to promptly give the
agency or court having jurisdiction a copy of this Agreement and inform them that any individual claims
Employee might otherwise have had have been settled.

Thank you again

What they are offering to pay you is nothing more than they would be required to pay you anyway. You have absolutely nothing to benefit you in signing that agreement, and signing it would basically be throwing away any rights that you might have under the law. I would not do it.
 

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