voluntary separation agreement and general release of claims

VOLUNTARY SEPARATION AGREEMENT AND GENERAL RELEASE OF CLAIMS

This Voluntary Separation Agreement and General Release of Claims (“Agreement”) is

by and between the University of Massachusetts (“University”), [First Name] [Last Name].

[Last Name], the [Union], and the University are collectively known as “the Parties.” The

University and ______ [Name] are entering into this Voluntary Separation Agreement to

memorialize the understanding of the Parties without regard to _________’s [Name’s] decision

to cease working at the University.

In consideration of the mutual promises set forth in this Agreement, and for other good

and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the

Parties agree as follows:

1. The Parties wish to confirm the terms of [Last Name]’s separation from employment at

the University and resolve any disputes between them. _______ [Name] expressly

acknowledges that the University has offered him/her the opportunity to participate in

this Voluntary Separation program, and that neither the University, nor any of its

employees or agents, has coerced or forced him/her in any way into participation in this

program.

2. In the next pay period following the latter of: a) the resignation date referred to in

Attachment A, “Irrevocable Notice of Retirement/Resignation”; b) expiration of the

revocation period referred to in the “Acknowledgement of Legal Rights by the

Employee” section below; or c) the return of all University property, as required in

paragraph 4, below, the University will pay [Last Name] [Amount] as voluntary

separation/severance pay, from which taxes will be withheld.

3. The University agrees that it will not contest any application for unemployment filed by

[Last Name].

4. [Last Name] shall cooperate with campus officials as directed to return all University

property, e.g., phones, laptops, keys, etc.

5. [Last Name], [pronoun] heirs, executors, successors and assigns, hereby releases the

Commonwealth of Massachusetts, the University of Massachusetts, and its trustees,

employees, servants, agents, and successors and assigns, from and against any and all

claims, causes of actions, grievances, covenants, contracts, agreements, liabilities,

charges, actions, demands past or present, suspected or unsuspected of whatever kind or

nature whether in law or in equity, known or unknown, which [Last Name] or any person

claiming by, though, or under [Last Name] may have against the Commonwealth of

Massachusetts, the University of Massachusetts, or any trustees, employees, servants,

agents, and successors and assigns, from the beginning of time to the date of this

Agreement, including claims related to or in any way arising out of [Last Name]’s

employment with the University or the termination of that employment. This release

includes, without limitation, claims of every description in contract or in tort, claims

arising under federal, state or local laws, including all laws against discrimination, or any

other applicable federal, state, or local statute, or under the common law of the

Commonwealth of Massachusetts, and any other claims relating to or arising out of [Last

Name]’s employment. Nothing in this paragraph shall preclude [Last Name] from

pursuing any claims to enforce this Agreement and it shall not preclude [Last Name]

from pursuing lawful claims that may arise under the Workers Compensation statutes of

the Commonwealth of Massachusetts. The terms of this Agreement shall survive

execution of the release provided in this paragraph of the Agreement.

6. Notwithstanding the terms of this Agreement, nothing in this Agreement shall preclude

the University from pursuing any claims to enforce this Agreement.

7. Enforcement of this Agreement by any Party must be in the state courts of the

Commonwealth of Massachusetts.

8. This Agreement may be executed in counterparts, which shall collectively constitute a

single agreement.

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Acknowledgement of Legal Rights by the Employee:

In compliance with the Older Workers Benefit Protection Act, [First Name] [Last Name] agrees

that by signing this Agreement, I acknowledge that the University of Massachusetts has advised

me that I, [First Name] [Last Name], have the right to consult with an attorney prior to

execution of this Agreement. I have carefully read and fully understand the provisions of this

Agreement and have had sufficient time and opportunity to consult with an attorney, and any

other advisors of my choosing, prior to executing this Agreement, and I intend to be legally

bound by its terms.

I acknowledge that the University has offered me twenty-one (21) days to consider the terms and

conditions of this Agreement, to consult with counsel of my choice, and to decide whether to

enter into and sign this Agreement.

__ I acknowledge that I have agreed voluntarily to sign this Agreement sooner than the

twenty-one (21) days permitted.

I understand that after I execute this Agreement, I have seven (7) days to reconsider my decision

and to revoke my acceptance of it. Any such revocation shall be signed and delivered to Chief

Human Resources Officer John Dunlap at University of Massachusetts, One Beacon Street, 31

Floor, Boston, MA 02108.

I understand that if I do not revoke acceptance of this Agreement within seven (7) days after its

execution, this Agreement shall be a binding legal document which shall have full force and

effect. As used in this Agreement, the term “effective date of this Agreement” shall mean the

seventh (7

) calendar day following my execution of this Agreement.

Signed:

[First Name] [Last Name] Date

University of Massachusetts Date

John Dunlap, Chief Human Resources Officer

ATTACHMENT A

TO: John Dunlap, Chief Human Resources Officer

FROM: [First Name] [Last Name]

DATE: _______________________________

RE: Voluntary Separation/Retirement

I am transmitting this letter to communicate my irrevocable intent to separate/retire as an

employee of the University of Massachusetts. My resignation/retirement date will be

____________________. *

Thank you for your attention to this matter.

Signed:

______________________________

[First Name] [Last Name]

* The resignation/retirement date must be no later than June 26, 2020.