Some comments on my
first post alluded to a severance agreement. I promised to post it when I received it, so here it is:
The full text:
SEVERANCE AGREEMENT AND RELEASE
Regardless of whether I sign this agreement, I will be paid my normal salary and for my unused vacation accrued through my last day of work, subject to Epic's policies on pay upon termination. (Only add this language if you would not pay out unused vacation)
If I sign this Agreement and abide by its terms, my last day of work at Epic will be ________, 20__ (The "End Date"). For that End Date to be in effect and to receive the severance benefits described below, which are in addition to anything owed to me, I must sign and return this agreement to epic no later than _______, 20__. Prior to the End Date, I will fulfill my commitments to Epic in a professional and timely manner, including abiding by Epic's policies.
Epic will provide me with severance in the form of continuation of my base salary in effect on the End Date, less standard payroll deductions and withholdings, for ____ (__) weeks. The first installment of severance will be provided to me on Epic's first normal payroll date following the End Date that is at least seven (7) business days after Jennifer Peterson in Human Resources receives my signed agreement.
Although my receipt of severance pay and other factors may affect my unemployment insurance benefits, if I am awarded such benefits, Epic will not appeal that award. If I am denied such benefits, Epic also will not appear at any unemployment insurance appeal tribunal hearing unless required by law.
I am not entitled to any other severance, benefits, vacation , paid time off, leave, equity interest, bonus, commission or other payment, compensation, or consideration of any kind (including, for example, that Epic will not match any 401(k) amounts contributed by me in 2012), except those expressly described in this agreement. I have been paid all other compensation owed and for all hours worked except those expressly described in this agreement. I have been paid all other compensation owed and for all hours worked except as described in the first paragraph above, received all leave and leave benefits and protections for which I am eligible, and haven't to my knowledge suffered an on-the-job injury for which I haven't already filed a claim.
I agree not to reapply for or seek employment with or at Epic.
I generally and completely release, and promise not to sue, the Company with respect to any and all releasable claims I may have against the Company. The "Company" includes Epic, it's affiliates and subsidiaries, and its and their past and present officers, directors, employees, agents, owners, insurers, predecessors, successors and assigns. This release does not apply to any claims that may arise after the date I sign this agreement or any claims that cannot be released under applicable law. Otherwise, the release claims include all claims, whether or known now or later discovered, whether based on contract, tort, statute or otherwise, which arise out of or are in any way related to any events, acts, conduct or omissions occurring prior to my signing this agreement, including claims for future damages allegedly arising from the continuation of the effects of any such events, acts, conduct or omissions. For illustration only, the released claims include any claim arising out of (1) alleged discrimination of any type, (2) my Epic employment, agreements, compensation or benefits, or the termination of employment, or (3) any federal, state or local law, regulation, ordinance or order concerning the employee relationship, compensation or benefits, or the termination of employment. Nothing in this release is a waiver of a right to file a charge or complaint with administrative agencies such as the federal EEOC that I cannot be prohibited from or punished for filing as a matter of law, but I waive any right to recover damages or obtain individual relief that might otherwise result from the filing of any such charge with regard to any released claim.
This agreement represents the entire agreement between Epic and me, and it completely supersedes any prior or simultaneous oral, written, or implied agreements, statements or understandings concerning its subject matter. This agreement doesn't supersede my continuing obligations under the Epic Employment Agreement, including for example obligations relating to confidentiality, intellectual property or non-competition, or other continuing obligations that I have to Epic under any other agreement.
This jiggered some memories I had of when Epic tried to get me to repay the moving costs that they incurred by employing me. I told them I would do no such thing, and they let the issue drop.
