EMPLOYMENT SEPARATION AND RELEASE AGREEMENT This is an Employment Separation and Release Agreement (hereinafter "Agreement") by and between Joseph Scialabbo ("Employee"), residing a Teamster's Local Union No. 676 ("Union yes amMunicipal ties Aut ority ("EMIJA"), 984 Tuckerton Road, Marlton, New Jersey 08053. WITNESSETH: WHEREAS, the EMUA is a public utility whose mission is to provide the highest quality thinking water and efficient waste water disposal services through the use of sound management principles, modem scientific practices and effective planning to maintain its infrastructure and safeguard public health; and WHEREAS,.Employee was hired as an Electrician by the EMUA on or about June 29, 2015 and is a member of the Union which has a collective negotiations agreement with the EMUA; and WHEREAS,
N S W, THEREFORE, in consideration of the mutual covenants contained herein and as set forth in further detail below, the parties agree as follows: 1-. Resignation. The employment relationship between the Employee and the EMUA is voluntarily separated. All parties agree to characterize his separation a resignation. Except as relates to the rights and responsibilities set forth below, all compensation, benefits and other emoluments of the Employee's employment are hereby ceased; 2. Separation Payment. In consideration of promises made herein the EMUA agrees to pay Employee the amount of $26,760.80. One-half of the payment shall be subject regular tax withholdings and shall appear on his W-2, whereas a 1099 shall be issued for the other half. The separation payment shall be made within thirty (30) days of the parties' full execution of this Agreement, provided Employee bag not exercised his right of revocation as set forth hereinbelow. Tax Withholdings & Indemnification. Employee acknowledges and 3. agrees that all federal and state income taxes and/or penalties relating to the payment of
the settlement sum are his sole responsibility. Employee further covenants and agrees that he will indemnify the EMUA for any taxes and/or penalties sought from or assessed to the EMUA by any state or federal governmental agency, including without limitation Social Security payroll taxes ("FICA"), state and/or federal disability payments, unemployment taxes, and/or state and/or federal income taxes, except for those that are indicated as withheld by the EMUA as per paragraph 2 above. Neither the EMUA nor the Union have made any representations about the taxability of the settlement sum. 4. Health insurance. The Employee's healthcare coverage through the EMUA and his obligation to make Chapter 78 contributions shall expire on August 31, 2017 or at the end of the month on which this Agreement becomes effective, unless the Employee elects to have his coverage continued under COBRA at his sole cost for up to eighteen (18) months or such longer period as may be permitted by law. 5. Employee's Release. Except for claims relating to the enforcement of this Agreement, Employee hereby releases and forever discharges Evesham Township, the EMUA and the Union and all of their former and current employees, commissioners, officers, directors, supervisors, managers, trustees, affiliates, subsidiaries, customers, consultants, vendors, attorneys, agents, successors and assigns and administrators ("Releasees") from any and all manner of action and actions, cause and causes of action, suits, claims, grievances, debts, sums of money, wages, compensation, bills, claims for attorneys' fees, interest, expenses and costs, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands of any nature whatsoever known or unknown, suspected or unsuspected, vested or contingent, which Employee ever had or now has against the Releasees arising out of Employee's employment relationship with the EMUA or for any other reasons which were asserted or could have been asserted by Employee under any local, state or federal statute, constitution, ordinance, contract or the common law, including, but not limited to, all claims under: the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 6, et seq. ("ADEA"); Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. §§ 2000e, et seq., ("Title VII"); the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. §§ 1981, § 1983, et seq. ("Civil Rights Act"); the Civil Rights Act of 1991, as amended, 42 U.S.C. § 1981a, et seq. ("CRA of 1991"); the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. ("ADA"); the Family and Medical Leave Act, 29 U.S.C. §§ 2601, et seq. ("FMLA"); the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA"); the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001, et seq. (`ERISA"); the Equal Pay Act, 29 U.S.C. § 201, el seq., ("EPA"); the Rehabilitation Act, 29 U.S.C. §§ 701, et seq. ("RA"); the Pregnancy Discrimination Act, 42 U.S.C. §§ 2000, et seq. ("PDA"); the Whistleblower Protection Statutes, 10 U.S.C. § 2409, 12 U.S.C. § 1831j, 31 U.S.C. § 5328, 41 U.S.C. § 265, (collectively as "WPS"); the Sarbanes-Oxley Act, 18 U.S.C. 1514A, the False Claims Act, 31 U.S.C. §§ 3729, et seq.; Uniformed Service Employment and Reemployment Act, 38 U.S.C. 4310, et seq. ("USERRA"); American Recovery and Reinvestment Act, 5 U.S.C. 552, et seq. ("ARRA"); the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. ("LAD"), the New Jersey Family Leave Act, N.J.S.A. 34:11B-1, et sue,. ("FLA"); the New Jersey Conscientious Employee Protection Act, N.J.S.A_ 34:19-1, et seq. ("CEPA"); New Jersey Worker Freedom from Intimidation Act, N.J.S.A. 34:19-9 et seq.; the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a, et seq. ("WHL"); the New Jersey Discrimination in Wages Law, N.J.S.A. 34:11-56.1, et seq. ("DWL"); the 2
New Jersey Security and Financial Empowerment Act ("NJ SAFE"); the New Jersey Workers' Compensation Law, N.J.S.A. 34:15-39.1, et seq. ("NJWC"); and the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq. ("WPL). Employee expressly understands and acknowledges that it is possible that unknown losses or claims exist or that present losses may have been underestimated in amount or severity. Employee expressly accepts and assumes the risk of such unknown or underestimated losses or claims and acknowledges and agrees that the benefits to be provided to him or her pursuant to this Agreement fully compensate him or her for such risks. Employee acknowledges that none of the benefits given to him pursuant to this Agreement have been assigned or are subject to alienation (i.e., personal bankruptcy). 6. Covenant Not to Sue or Grieve. Any pending grievances and claims made by Employee shall be immediately withdrawn. The parties further covenant not to sue each other or pursue any grievances for actions arising out of Employee's employment relationship, except as may relate to the enforcement of this Separation and Release Agreement. The Union agrees not to grieve or arbitrate any aspect of Employee's employment, benefits or separation. Nothing in this Agreement is intended to, or shall, interfere with the Employee's rights under federal, state, or local civil rights or employment discrimination laws to file or otherwise institute a charge of discrimination, to participate in a proceeding with any appropriate federal, state, or local government agency enforcing discrimination laws, or to cooperate with any such agency in its investigation, none of which shall constitute a breach of this Agreement. Employee shall not; however, be entitled to any relief, recovery, or monies in connection with any such brought against the Employer, regardless of who filed or initiated any such complaint, charge, or proceeding. 7. Non-Disparagement. The parties agree not to disparage each other, and in particular, the Employee agrees not to disparage EMUA employees, officers, directors, commissioners and Evesham Township's Mayor, Council and employees to any third party or in any public or private forum, publication, posting or communication on any website, blog, on-line Internet forum, Facebook, Twitter or in any chat room. 8. Confidentiality. The Parties acknowledge and agree that as a governmental entity, the EMUA may be obligated to disclose a copy of this Agreement to persons under the New Jersey Open Public Records Act or common law. Notwithstanding the foregoing, Employee and the Union agree that they shall not disclose, or cause to be disclosed, the terms of this Agreement, or the fact that this Agreement exists, except to their accountants and/or tax advisors, or to the extent otherwise required by law. The parties shall not publicize this Agreement. Each such person who is provided information regarding the terms of this Agreement shall be required to abide by the limitations on disclosure. The Employee and the Union acknowledge and agree that these confidentially/non-disclosure covenants are express and absolute conditions of this Agreement and are bargained for consideration and that any violation of those covenants shall constitute a material breach of this Agreement. 'In the event that this Agreement is required to be disclosed pursuant to applicable law, the parties agree that their communication with any person or the media regarding the Agreement shall be limited to the statement that the "Employee voluntarily resigned and any and all claims relating to Employee's employment were resolved to the parties' mutual satisfaction." In the event any party violates the confidentiality/nondisparagement provisions, the non-breaching party move in a summary action to enforce 3
same and shall be paid $5,000 as liquidated damages, along with court costs and legal fees. 9. Neutral Reference. The EMUA agrees to furnish upon request a neutral letter of reference to any prospective employers setting forth the Employee's dates of employment, job title and rate of pay. Employee shall direct all reference requests to the Executive Director of the EMUA. Only the Executive Director shall have the obligation to respond to reference requests 10. No Rehire. Employee understands and agrees that he shall not apply for any employment, contract, subcontract or position at the EMUA and that the EMUA is not obligated to hire, contract or subcontract with Employee following execution of this Agreement. Employee expressly agrees that he will not apply for any such employment, reinstatement, rehire, contract or subcontract with the EMUA. 11. Return of EMUA Property. Employee represents and warrants that he has turned over to the EMUA all of its property, including without limitation all log books,, tools, entry cards, uniforms, clothing, apparel, ball caps, hard hats, identification cards, badges, equipment, files, memoranda, keys, manuals, laptops, data, records, and other documents, including electronically recorded documents and other data that he received or copied from the EMUA. Employee further represents and warrants that he has disclosed to the EMUA all passwords, codes, or any other mechanism to which he has or had access while employed by the EMUA. Employee promises not to access or attempt to access the EMUA's facilities, vehicles, equipment, or non-public areas of EMUA's property Consideration and Revocation Period. Pursuant to the Older Workers 12. Benefit Protection Act, Employee has twenty-one (21) calendar days from delivery hereof to consider this Agreement. Employee may accept this Agreement before expiration of the twenty-one (21) days, in which case he shall waive the remainder of the consideration period. Employee has a period of seven (7) calendar days after delivering the executed Agreement to revoke acceptance of the Agreement. To revoke, he must deliver timely written notice revoking his or her acceptance of this Agreement to the attention of: Jeffrey Rollins, Executive Director, Evesham Municipal Utilities Authority, 100 Sharp Road, Marlton, New Jersey 08053. This Agreement shall become effective on the eighth (8th) day after delivery of this executed Agreement by the parties, provided that the Employee has not revoked acceptance or rescinded the Agreement (the "Effective Date"). 13. Voluntary and Knowing Agreement. Employee acknowledges that he has executed this Agreement after being given an opportunity to consult with an attorney of his own choosing, and further acknowledges that he has read this Agreement in its entirety, and after considering the terms of the Agreement, understands all of the terms and freely, voluntarily and knowingly, without duress or coercion, assents to all the terms and conditions contained herein. Employee further represents that he is satisfied with his Union representation as relates to all aspects of his employment and separation therefrom.
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By signing below, all Parties indicate that they have carefully read and understand the terms of this Agreement, enter into this Agreement 'mowingly, voluntarily and of their own free will, understand its terms and significance and intend to abide by its provisions without exception.
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