Basically the title. Was suprised to get the release form and I lurk here a lot so I wanted to check with all y'all before I signed things away.
I got fired out of nowhere, which is to say I can see why it happened, but there was no real warning or offers to help me improve, which at the director level seems odd. Communication at this place was terrible and the culture seemed to focus against simple and effiecient communication, and then I got fired for lack of communication, with little communication. It feels like bullshit but I've already got a better gig so I'm not pressed.
Is it cool to sign this, get the money and move on, or are they protecting themselves from something bigger by having me sign something?
EDIT: here's the legal part of the letter
In exchange for the Company providing you with the above-referenced consideration, you hereby waive all claims against
the Company, and release and discharge the Company from liability for any claims or damages you may have against it as of the date
of this Agreement, whether known or unknown, including, but not limited to, any alleged violation of Title VII of the Civil Rights of 1964,
as amended; Sections 1981 through 1988 of Title 42 of the United States Code; the Civil Rights Act of 1991; the Equal Pay Act; the
Americans with Disabilities Act; the Rehabilitation Act; the Family and Medical Leave Act; the Fair Labor Standards Act; the Employee
Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the National Labor
Relations Act; the Fair Credit Reporting Act; the Occupational Safety and Health Act; the Uniformed Services Employment and
Reemployment Act; the Employee Polygraph Protection Act; the Immigration Reform Control Act; the retaliation provisions of the
Sarbanes-Oxley Act of 2002; the New Jersey Law Against Discrimination; the New Jersey Conscientious Employee Protection Act;
the New Jersey Family Leave Act; the New Jersey Wage and Hour Law; the New Jersey Equal Pay Law; the New Jersey Occupational
Safety and Health Law; the New Jersey Smokers’ Rights Law; the New Jersey Genetic Privacy Act; the New Jersey Fair Credit
Reporting Act; the retaliation provisions of the New Jersey Workers’ Compensation Law (and including any and all amendments to
the above) and/or any other alleged violation of any federal, state or local law, regulation or ordinance, and/or contract or implied
contract or tort law or public policy claim, having any bearing whatsoever on your employment by and the termination of your
employment with the Company, including, but not limited to, any claim for wrongful discharge, back pay, vacation pay, sick pay, wage,
commission or bonus payment, attorneys’ fees, costs, and/or future wage loss.
You understand that the consideration provided to you under the terms of this Agreement does not constitute an admission
by the Company that it has violated any law or legal obligation.
You agree, to the fullest extent permitted by law, that you will not commence, maintain, prosecute or participate in any action
or proceeding of any kind against the Company based on any of the claims waived herein occurring up to and including the date of
your signature. You represent and warrant that you have not done so as of the effective date of the Agreement. Notwithstanding the
foregoing promise, if you violate this paragraph, you agree to indemnify and hold harmless the Company from and against any and
all costs, attorneys’ fees and other expenses authorized by law which result from, or are incident to, such violation. This paragraph is
not intended to preclude you from (1) enforcing the terms of this Agreement; or (2) challenging the knowing and voluntary nature of
this Agreement. You further agree to waive your right to any monetary or equitable recovery should any federal, state or local
administrative agency pursue any claims on your behalf arising out of or related to your employment with and/or separation from
employment with the Company and promise not to seek or accept any award, settlement or other monetary or equitable relief from
any source or proceeding brought by any person or governmental entity or agency on your behalf or on behalf of any class of which
you are a member with respect to any of the claims you have waived.
You agree to keep confidential all information contained in this Agreement and relating to this Agreement, except (1) to the
extent the Company consents in writing to such disclosure; (2) you are required by process of law to make such disclosure and you
promptly notify me of your receipt of such process; or (3) because you must disclose certain terms to your financial consultant, attorney
or spouse.
In addition, during the course of your employment with the Company, you acknowledge that you acquired certain confidential
and proprietary information regarding the Company, including, without limitation, any trade secrets, customer lists, information relating
to the sources of customers, financial, personnel, and customer information, and any confidential information concerning the business
or affairs of any supplier, creditor, lender, shareholder or customer of the Company or any of its affiliates. You agree to keep strictly
confidential any trade secret and any business, proprietary, or confidential information of the Company which you acquired in
connection with your employment. You agree to comply with the terms of your Confidentiality, Non-Disclosure and Non-Competition
Agreement.
You agree for twelve (12) months upon termination, regardless of the reason for the employment termination, you will not,
directly or indirectly, solicit or attempt to solicit any business from the Company’s Customers, Customer Prospects, or Vendors with
whom you had contact during the last two (2) years of your employment with X.
Your agree for twelve (12) months upon termination, regardless of the reason for the employment termination, you will not,
directly or indirectly, on your own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or
attempt to recruit, solicit, or induce, any non-clerical employee of the Company with whom you had personal contact or supervised
while performing your job, to terminate their employment relationship with the Company.
You agree to promptly return all Company property, including, without limitation, all hardware, software, files, papers,
memoranda, letters, handbooks, manuals and customer lists in your possession. You agree to be reasonably available to the Company
in connection with any threatened, actual or future litigation involving the Company, whether administrative, civil or criminal in nature,
in which and to the extent your availability is deemed necessary by the Company in its discretion.
You agree that you will not publicly or privately disparage the Company or any of the Company’s products, services,
divisions, affiliates, related companies or current or former officers, directors, employees, agents, administrators, representatives or
fiduciaries.
You are encouraged to consult with an attorney regarding the terms of this Agreement, at your own expense. The offer
herein will expire five calendar days from the date of this letter if not accepted during that period of time. Your signature below indicates
that you are entering into this Agreement freely, knowingly and voluntarily, with a full understanding of its terms.
This Agreement constitutes and contains our complete understanding with respect to the subject matter addressed in this
Agreement, and supersedes and replaces all prior negotiations and all agreements, if any, whether written or oral, concerning the
subject matter of this Agreement. The parties have executed this Agreement with full knowledge of any and all rights they may have,
and they hereby assume the risk of any mistake in fact in connection with the true facts involved, or with regard to any facts which are
now unknown to them.
This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of New Jersey,
without regard to principles of conflict of laws. If any clause of this Agreement should ever be determined to be unenforceable, it is
agreed that this will not affect the enforceability of any other clause or the remainder of this Agreement.
By signing this Agreement, you acknowledge that: (1) you have read this Agreement completely; (2) you have had
an opportunity to consider the terms of this Agreement; (3) you have had the opportunity to consult with an attorney of your
choosing prior to executing this Agreement to explain the Agreement and its consequences; (4) you have not relied on any
representation or statement not set forth in this Agreement; (5) you understand and mean everything that you have said in
this Agreement, and you agree to all its terms; and (6) you have signed this Agreement voluntarily and entirely of your own
free will.
If you have any questions concerning the terms of our offer, please do not hesitate to contact me. Regardless of your
decision, we wish you much success and happiness in your future endeavors.