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HomeMy WebLinkAboutTien, Mia - SEPARATION AGREEMENT AND GENERAL RELEASESEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release (hereinafter "Agreement") is made and entered into between Mia Tien (hereinafter "Employee"), and Waterloo Fiber (hereinafter "Employer") for the consideration and mutual promises hereinafter stated. WHEREAS, Employee's last day of employment with the Employer was on April $, 2024; WHEREAS, Employee and the Employer agree that both parties arc voluntarily entering this Agreement with a reasonable belief that it will be in the best interests of the Employer and Employee and serves a public purpose; and WHEREAS, Employee and the Employer desire to effectuate this Separation and settle all potential outstanding issues or claims between them in accordance with the terms and conditions stated in this Agreement. NOW, THEREFORE, for good and valuable consideration and the mutual promises contained herein, it is understood and agreed by and between each of the parties as follows: 1. Employer's Obligations. It is understood and agreed by and between each of the parties to this Agreement that as full, sufficient, and complete consideration for Employee's promises regarding Employee's Separation and the releases made herein, the Employer will provide Employee a monetary payment in the amount of $1,934.40 (One thousand nine hundred thirty-four dollars and forty cents) less required withholdings. 2. No Application, No rehire. Employee agrees that in consideration of the payments and representations described in this Agreement, Employee shall not seek employment, re-employment, or reinstatement with the Employer, in any capacity, whether full- time, part-time, or temporary, nor shall Employee be entitled to re-employment by the Employer. 3. No Admission of Liability. It is understood and agreed that this is a compromise of any and all potential claims by Employee against the Employer, and that neither this Agreement itself, the offering of it, nor the furnishing of the consideration for this Agreement shall be deemed or construed at any time for any purpose as an admission of anyone's liability or responsibility for any wrongdoing of any kind. 4. Reference. If contacted by prospective employers, the Employer will respond to reference checks by only providing information about Employee's position with the Employer, Employee's dates of employment, and rate of pay. All prospective employers should be referred to the Employer's General Manager to assure compliance with this provision. 1 5. Full and Comprehensive Release. Employee, with full understanding of the contents and legal effect of this Release, freely and voluntarily promises to and does hereby completely release and forever discharge the Employer and its respective officers, directors, agents, and employees, from any and all claims, of any and every kind, nature, and character, including any and all claims for attorneys' fees and costs which Employee may now have, or has ever had, against the Employer and/or any affiliated officers, directors, agents, employees, successors and assigns, which arose in whole or in part from employment with the Employer and any other dealings of any kind between Employee and the Employer and/or any officer, director, agent or employees of the Employer, which have transpired prior to the execution of this Release, including but not limited to any and all claims, rights, demands, and causes of action of any and every kind, whether arising out of wrongful discharge, discrimination, alleged violations of any alleged contract, breach of any covenant of good faith and fair dealing, any personal injury, any tort, or any statute, including but not limited to, Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, The Civil Rights Act of 1991, the Americans With Disabilities Act, the Family and Medical Leave Act, The Employee Retirement Income Security Act of 1974, as amended, the Iowa Civil Rights Act, Iowa Wage Payment Collection, claims under any local rule, state or federal statute, claims under common-law, claims for breach of contract, claims for any tort, claims for any wrongful discharge, or any other claims which could have been but have not been asserted which Employee may now have or has ever had. 6. Covenant Not to Sue. At no time subsequent to the execution of this Agreement will Employee file or maintain, or cause or knowingly permit the filing or maintenance of, in any state, federal, or foreign court, or before any local, state, federal, or foreign administrative agency, or any other tribunal, any charge, claim, or action of any kind, nature, and character whatsoever, known or unknown, which he may now have, or has ever had against the Employer and/or any officer, director, employee, or agent of the Employer. 7. Complete Release. It is understood and agreed that Employee and the Employer are currently unaware of any claim, right, demand, debt, action, obligation, liability, or cause of action that either party may have against the other and/or any of their respective officers, directors, agents, or employees which has not been released in this Agreement. The Employer and Employee acknowledge that they have not assigned, sold, conveyed, or otherwise transferred any claim released by this Agreement. 8. Public Records Acknowledgement. It is understood and agreed that this Agreement shall be treated as a public record under the Iowa Public Records Act and that Employee's separation from employment is a termination subject to the disclosure provisions of Iowa Code section 22.7(11). 9. Counsel and Voluntary Agreement. Employee represents that Employee has had the right and opportunity to be represented by counsel of Employee's own choosing in the negotiations for and preparation of this Release, that Employee is not relying on any representations that may have been made by the Employer or any of its employees or representatives that are not set out herein, that Employee has read this Agreement, that Employee is fully aware of its contents and of its legal effect, and that Employee freely and voluntarily enters into it. 2 10. Iowa Law. This Agreement shall be construed and governed by the laws of the State of Iowa. The parties hereto further agree that if, for any reason, any provision hereof is void or unenforceable, the remainder of this Agreement shall nonetheless remain binding and in effect. 11. Entire Agreement. This Agreement fully supersedes any and all prior agreements or understandings between the parties hereto and sets forth the entire agreement between the parties hereto pertaining to the subject matter hereof. 12. Board Approval and Effective Date. This Agreement is subject to approval by the Board of Trustees for the Employer and shall become effective only upon approval by the Board. Should the Board reject or otherwise fail to accept this Agreement, this Agreement shall be deemed null and void in its entirety. Mia Tien Waterloo Fiber 02338375.24268-000 Date 1)ate