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FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

[plfName]	)	Case No (LT)
Petitioner	)	[caseNo]
)
v.	)
)
[defName]	)
Respondent	)

SETTLEMENT AGREEMENT AND RELEASE

Intro

[plfName] (“Litigant”) and [defName] (“Company”) understand that, by signing this Settlement Agreement and Release (“Agreement”) Litigant is waiving [his/her] right to raise and continue pursuing any claims against Company and other Releasees (as defined below) under Federal, State, and/or Local Law.

Consideration

A lump sum payment of $[totPay] dollars payable to Litigant no later than seven (7) days after both parties sign this release. An annual payment of $[frontPay] dollars payable to Litigant beginning no later than seven (7) days after both parties sign this release. Each party shall be responsible for its own attorney’s fees, costs of litigation, and expenses incurred leading up to [today’sDate].

Costs of Recovery

In the event Litigant incurs costs for any reason directly or indirectly related to the failure of Company to timely pay the amount due, Company shall be liable for said costs, including but not limited to the time spent and costs incurred in establishing the amount of said costs.

Taxes

In the event that the settlement amount is determined - by any governmental entity - to constitute taxable income, Litigant agrees that [he/she] is liable and fully responsible for payment of any and all taxes, including all penalties, interest, and or other costs attributable to the late payment of such taxes. Likewise, if Company is determined to be responsible for the payment of any taxes, interest, or penalties on the settlement amount, Company agrees to pay the governmental entity.

Dismissal With Prejudice

In consideration of this Agreement, the case that Litigant has filed with the Florida Commission on Human Relations (FCHR No. [fchrNo]) and which is now pending before the State of Florida Division of Administrative Hearings (DOAH Case No. [doahNo]) will be dismissed with prejudice upon the execution of this Agreement. The parties waive the filing of exceptions and any time periods within which exceptions may be filed. Litigant will provide Company with a notice of this dismissal within ten (10) days of the execution of this agreement. Said notice shall be provided to:

[defAtt], Esquire ([barNum])

[address1]

[adddress2]

[city], [state] [zip]

E: [defEml]

P: [defPhn]

Timing

The parties agree and acknowledge that time is of the essence in regard to settlement payments.

General Release

Litigant hereby agrees to release and forever discharge Company, its parents and subsidiaries and affiliates, and its and their respective Directors and Officers, predecessors, employees, agents, successors and assigns (collectively “Releasees”) from any and all actions or causes of actions, suits, claims, charges, complaints, contracts and promises whatsoever, in law or equity which [he/she], [his/her] heirs, assigns and any personal or legal representatives have or may have against any of the Releasees including all unknown, undisclosed and unanticipated losses, wrongs, injuries, debts, claims and/or damages arising out of or in any way connected with [his/her] employment by Company and the cessation of [his/her] employment. This shall include but not be limited to Case No. [doahNo] before the State of Florida Division of Administrative Hearings, FCHR Charge No. [fchrNo], any proposed filing with the EEOC and FCHR alleging discrimination based on [age], [color], [disability], [familyStatus], [maritalStatus], [nationalOrigin], [race], [religion], [retaliation], [sex], and [whistleblower] as reflected in the Petition for Relief dated [dateOfPFR] and any alleged violation of Title VII of the Civil Rights Act of 1964, the Equal Pay Act, Sections 1981-1988 of Title 42 of the United States Code, the Employee Retirement Income Security Act of 1974, the Florida Civil Rights Act (§760.11, et seq., Fla. Stat.), the American’s with Disability Act of 1990, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act, the Family and Medical Leave Act (29 USC §2611 et seq.), the Occupational Safety and Health Act, the Fair Labor Standards Act, Older Workers Benefit Protection Act, Constitutions of the United States and the State of Florida, Florida Whistleblower’s Act, Florida Worker’s Compensation statute (§440), each of the foregoing as amended and any and all other Federal, State and Local, civil or human rights laws or any other alleged violation of any Local, State or Federal law, regulation or ordinance and/or public policy, contract or tort or common law claims having any bearing whatsoever on the terms and conditions and/or cessation of employment with Company which [he/she] now has or shall have as of the date of this Release and any alleged entitlement to costs, fees or expenses, including attorneys’ fees.

A Waiver of Auxiliary Charges

Litigant represents that [he/she] currently has not filed any additional complaint(s) or charge(s) with the Equal Employment Opportunity Commission, the Florida Commission on Human Relations, the US Department of Justice, or any other local, state, or federal agency or court. Litigant agrees that if [he/she] has filed such a complaint or charge with any agency or court, or if any person or entity should bring such a charge, claim, complaint, or action on [his/her] behalf, [he/she] hereby waives and forfeits any right to recover additional benefits, compensation, and all fees under such claim and will exercise every lawful and good faith effort to have such claim(s) dismissed.

A Waiver of Transferred Charges

Litigant further represents that [he/she] has not heretofore assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein related to any claim against Company, including any claim arising out of [his/her] employment with Company.

Discovery of Unknown Facts

The parties acknowledge that they may discover facts or law different from (or in addition to) the facts or law that they know or believe to be true with respect to the claims released in this Agreement; and agree, nonetheless, that this Agreement and the release contained in it shall be - and remain - effective in all respects notwithstanding such different or additional facts or the discovery of them.

No Mistake

The parties acknowledge and warrant that this Agreement is final and complete and not subject to any claim of mistake. The parties execute this Agreement with the full knowledge that the release herein covers all possible claims against Company, to the fullest extent permitted by law, and are deemed a full and complete general release.

No Admission of Guilt

It is understood by all parties that this Agreement in no way constitutes an admission by Company of any violation of state or federal law.

Confidentiality

All terms of this agreement will be kept confidential by Litigant, Company officials, legal advisor/counsel and accountants. Violations of the terms of this Agreement may result in the parties seeking enforcement of this Agreement in a court of law.

Communication

In this regard, Litigant agrees to respond to any inquiries regarding this matter - from those other than [his/her] attorney, accountant, or spouse - that “the matter has been resolved.” Litigant further agrees that no other comments or gestures regarding the status of this matter will be made. In the event that Litigant discusses this Agreement with [his/her] attorney, accountant, or spouse, it shall be Litigant’s duty, responsibility, and obligation to advise said individual(s) of [his/her] (and their) obligation not to discuss the terms or conditions of this Agreement with any other person except to state that “the matter has been resolved.” Litigant shall be fully and completely responsible for any breach of this provision, whether it be [his/her] own breach or breach by [his/her] attorney, accountant, or spouse. In the event of any such breach, Litigant agrees that Company shall be entitled to recover from Litigant or [his/her] estate, the amount paid directly to him as set forth in paragraph 2 above.

Employment Record

It is understood that Company will only provide the following information to any outside entity:

a.	Beginning date of Litigant’s employment

b.	Ending date of Litigant’s employment

c.	Position(s) held

d.	Rate of pay while employed

Uninduced

Both parties represent that no inducements, statements, or representations have been made that are not set out in this Agreement and that neither party has relied on any inducements, statements, or representations set forth herein.

Disclaimer

In order to ensure that both parties have freely and knowingly entered into this Agreement, both parties affirm that they:

a.	Possess sufficient education and experience to fully understand the terms of this Agreement as it has been written, the legal and binding effect of the Agreement, and the exchange of benefits and promises herein.

b.	Understand and agree that the ability to perform under this Agreement is conditioned upon the other party’s performance of all agreements, releases and covenants.

c.	Have read this Agreement fully and completely; and understand its significance.

d.	Enter into this Agreement knowingly and voluntarily and of free will and choice.

e.	Have been encouraged and given the opportunity to consult with an attorney of their choice regarding this agreement.

Governance

This Agreement is made and entered into in the State of Florida, and shall in all respects be interpreted, enforced and governed, under the laws of this State.

The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either of the parties.

As used in this Agreement, the singular or plural shall be deemed to include the other whenever the context so indicates or requires.

Scope of Validity

Should any provision of this Agreement be determined to be illegal or invalid, the validity of the remaining provisions shall not be affected thereby and the illegal or invalid provision shall be deemed not to be affected thereby and the illegal or invalid provision shall be deemed not to be a part of this Agreement, unless the invalidation of that provision would result in this Agreement not carrying out its intended effect of resolving all disputes, and potential disputes, between the parties, in which case the Agreement will be voidable by either party.

Revocation

Litigant understands that [he/she] has the right to revoke this Release any time during such seven (7) day period provided that such revocation shall not be effective unless each of the following conditions has been met.

(a)	the revocation is made in writing addressed to Company and includes the statement “I hereby revoke my agreement to the Release.”

(b)	such written revocation is delivered by email before the end of the seven-day revocation period. Such email shall be sent to:

[defEml]

Post-Employment Contract

Litigant agrees that following the execution of this Agreement, [he/she] shall not engage in vilification or calumny against Company, and shall refrain from making any damaging or disparaging statements concerning Company, its management, its methods of doing business, the quality of its products and services, its role in the community, or its treatment of employees, except to the extent (if any) required by law. Litigant further agrees to do nothing which would damage or impugn Company’s business reputation or goodwill, except to the extent (if any) required by law. In addition, Litigant agrees not to encourage or aid any person or entity to pursue any claim or cause of action against Company, except to the extent (if any) required by law.

Finality

This Agreement constitutes a final and complete statement of the agreement between the parties. This Agreement may not be orally amended, modified, or changed - unless amended, modified, or changed by written instrument/instruments executed by duly authorized officers/ representatives of Company and Litigant.

Both parties attest that they have been given a reasonable period of time to consider whether to sign this Agreement.

IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily execute this agreement.

Litigant

Signed:
[plfName]
Date:	[today’sDate]

Company

Signed:
Attorney/Representative
Date:

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I delivered a true and correct copy of the foregoing to the following (via email):

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)
[clerkName], Agency Clerk Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (agency)

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Settlement.html

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