SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT

This Settlement and Release of Claims Agreement (“Agreement”) is entered into by and between [EMPLOYER NAME], a [STATE OF INCORPORATION OR LOCATION] limited liability company (“Employer”), on behalf of itself, its parent(s), subsidiaries, and other corporate affiliates, its joint employers, and staffing agencies, and each of their respective present and former employees, officers, directors, owners, shareholders, and agents, individually and in their official capacities (collectively referred to as “Employer Group”), and [EMPLOYEE NAME] (“Employee”), residing at [EMPLOYEE’S ADDRESS]] (Employer Group and Employee are collectively referred to as the “Parties”), as of the _________ day of _______________ [YEAR] (the “Execution Date”).

RECITALS

[WHEREAS,/1. [DESCRIBE THE NATURE OF THE MATTER].]

[WHEREAS,/2. Employer Group has denied every allegation of wrongdoing contained in Employee’s [Charge of Discrimination/Complaint of Discrimination/Complaint filed in the [COURT], [DOCKET NUMBER]/Demand for Arbitration/[OTHER PROCEEDING]] (the “Action”) and in any other papers filed or served by or on behalf of Employee in this matter or before any court[, arbitrator,] or administrative agency.]

[WHEREAS,/3. [the [Court/[ADMINISTRATIVE AGENCY]/Arbitrator] has made no findings as to the merits of the Action.]

[WHEREAS,/4. the Parties desire to resolve the Action [without further litigation or adjudication].]

[NOW, THEREFORE, in consideration of the promises and obligations set forth in this Agreement, the Parties agree as follows:]

AGREEMENT

No Admission of Liability. Nothing in this Agreement shall be construed as an admission by Employer Group or Employee of any wrongdoing, liability, or noncompliance with any federal, state, city, or local rule, ordinance, statute, common law, or other legal obligation. Employer Group specifically disclaims and denies any wrongdoing or liability to Employee.

Payment. In consideration of Employee’s execution of and compliance with this Agreement, including Employee’s waiver and release of claims in Section 3[ and Section 4], Employer Group agrees to provide the following benefits to which Employee is not otherwise entitled[ provided that Employee has not revoked this Agreement in accordance with its terms]:

Payment of $[AMOUNT], less all relevant taxes and other withholdings [in full satisfaction of all claims Employee may have for alleged lost wages, back pay, front pay, or benefits] to be paid to Employee. Employer Group shall issue a Form W-2 to Employee for this amount[;/.]

[Payment of $[AMOUNT] in full satisfaction of all claims Employee may have for alleged non-economic damages, including any alleged emotional distress and other compensatory damages to be paid to Employee. Employer Group shall issue a Form 1099-MISC to Employee for this amount[./; and]]