M. GL c. 151B, the Massachusetts Wage Act, M GL c. 149 §148 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., the Employee Retirement Income Security Act of 1974 (ERISA), the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., and any federal, state and local statutes, common law, orders, and regulations prohibiting discrimination or harassment on the basis of age, sex, sexual orientation, race, color, disability, religion, national origin, and any other protected characteristic, as well as any common law claims, including without limitation claims arising out of agreements, representations or policies related to your employment, and claims for wrongful termination, misrepresentation, personal injury, emotional distress, breach of contract, interference with contractual or advantageous relations, and violation of the covenant of good faith and fair dealing. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive claims which cannot be waived under applicable law.
You acknowledge that you are waiving and releasing any rights you may have under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA). You are advised that this is an important legal document, and are further advised to consult with an attorney before entering into it. You affirm that you understands the terms of this Agreement and that you knowingly and voluntarily are entering into this Agreement.
Nothing in this Agreement shall be construed to affect the Equal Employment Opportunity Commissions or any state Commissions independent right and responsibility to enforce the law. You recognize, however, that this Agreement bars any claim you might have to receive monetary damages in connection with any Commission proceeding concerning matters covered by this Agreement.
You acknowledge that you have been paid all compensation owed for services performed for Company, and that in executing this release of claims, you are releasing all claims under the Massachusetts Wage Act. You acknowledge that you have not been denied any leave under the FMLA, and that you have not been retaliated against for taking such leave. You agree that these terms represent a full and final settlement of any and all claims you may have arising out of your employment with the Company, except that this Agreement shall not release or affect any vested rights you may have (1) under the Companys 401 (k) plan, (2) under the terms of this Agreement, (3) to continue health insurance coverage under COBRA, and (4) which by law cannot be released in this manner.
Acknowledgments; Return and Effective Date
In signing this Agreement, you give assurance that you have had a full and reasonable opportunity to consider its terms; that you have read and understood all of those terms; and that your acceptance of this Agreement is freely and voluntarily given.
If the terms of this Agreement are acceptable to you, please sign and return this Agreement to me no later than twenty-one (21) days from the date you receive it. You may revoke this Agreement at any time during the seven (7) day period immediately following the date of your signing by either delivering a signed revocation notice or mailing such notice to me, at the Companys offices so that it is postmarked no later than 7 days after you sign this Agreement. If you do not revoke this Agreement, then, at the expiration of that seven-day period, this Agreement shall take effect as a legally binding agreement between you and the Company on the basis set forth above (the Effective Date).
The enclosed copy of this Agreement, which you should also sign and date, is for your records.