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2019-028 - Approving & Authorizing the Execution of a Separation Agreement between the City of Paris and City Manager John Godwin
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2019-028 - Approving & Authorizing the Execution of a Separation Agreement between the City of Paris and City Manager John Godwin
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8/23/2019 12:06:21 PM
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• Whistleblower claims <br />• Worker's Compensation Claims <br />• All laws, including the common laws, of the State of Texas <br />regarding employment-related claims <br />• Disputed wages, including claims for any back wages or <br />overtime <br />• Wrongful discharge and/or breach of contract claims <br />• Claims under the U. S. and Texas Constitutions, and <br />• Tort claims, including invasion of privacy, defamation, fraud, <br />and infliction of emotional distress. <br />Godwin does not waive rights or claims that arise after the date he signs this Agreement <br />or any rights or claims that may not be legally waived. <br />b. Covenant Not to Sue. Godwin agrees that he will not bring any legal action against <br />the Releasees for any claim that occurred prior to his signing this Agreement; however, <br />this provision does not prohibit Godwin from filing a lawsuit for the sole purpose of <br />enforcing his rights under this Agreement, or from enforcing rights that may arise <br />subsequent to his signing this Agreement. <br />C. Waived and Discharged Claims. Godwin agrees that if a claim that he has waived <br />or discharged under this section 4 of the Agreement is prosecuted in his name or on his <br />behalf before any court or administrative agency, he waives and agrees not to take any <br />award of money or other damages from such suit. Godwin also agrees that if a claim <br />waived or discharged under this section 5 of the Agreement is prosecuted in his name, he <br />will immediately request in writing that the claim on his behalf be withdrawn. Godwin <br />also agrees that he waives on behalf of himself and his attorneys all claims for attorneys' <br />fees and expenses and court costs for any claims waived and discharged under this <br />section 5 of the Agreement. <br />d. ADEA Claims. The claims waived and discharged and the covenant not to sue in <br />this section 5 of the Agreement do not include claims under the Age Discrimination in <br />Employment Act (ADEA); such claims are covered in section 6 below. <br />e. FMLA Claims. Godwin acknowledges that he has been afforded all rights due to <br />him, if any, under the Family and Medical Leave Act. <br />6. Release and Waiver and Covenant Not to Sue Under the ADEA. By signing this <br />Agreement, Godwin agrees to the following: <br />a. Release and Waiver of Ri ,hts. <br />releases City and the other Releasees, or <br />complaints, liabilities, damages, causes of <br />(including attorneys' fees) from any and <br />retaliation claims under the ADEA. <br />Godwin irrevocably and unconditionally <br />any of them, from any and all claims, <br />action, suits, rights, costs, and expenses <br />all age discrimination, harassment and/or <br />SEPARATION AGREEMENT AND GENERAL RELEASE Page 3 <br />
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