|
Section 2.3. No Other Compensation or Benefits
<br />The compensation and benefits described in this Article are the full and final compensation and
<br />benefits for any and all claims arising out of Dotty Norgard's employment with the City. City
<br />will not provide Dotty Norgard any compensation or benefits other than those provided in
<br />sections 2.1 or 2.2 of this Agreement or as otherwise required by law.
<br />Article 3. Dotty Norgard's Waiver and Release
<br />Section 3.1. Dotty Norgard knowingly and voluntarily waives her right to pursue and
<br />releases the City from any and all grievances, claims, demands, actions,
<br />hearings, liability, damages or rights of any kind, whether known or
<br />unknown, that she has asserted or may assert, directly arising out of or
<br />resulting from acts or occurrences that occur related to Dotty Norgard's
<br />employment with the City or separation therefrom, including, but not
<br />limited to, those grievances, claims, demands, actions, liability, damages
<br />or rights of any kind arising under the City's ordinances or personnel
<br />policies, Veterans Preference Act, Minnesota Human Rights Act, Title VII
<br />of the Civil Rights Act, Family and Medical Leave Act ( "FMLA "),
<br />Americans with Disabilities Act, Rehabilitation Act of 1973, Minnesota
<br />Workers' Compensation Act, Public Employment Labor Relations Act,
<br />Minnesota Occupational Health and Safety Act, Minnesota Whistleblower
<br />Act, Age Discrimination in Employment Act ( "ADEA "), the Minnesota
<br />and federal Fair Labor Standards Acts ( "FLSA "); Minnesota Government
<br />Data Practices Act, Minnesota Open Meeting Law and common law.
<br />Section 3.2. The waiver and release in Section 3.1 of this article does not apply to the
<br />following: (1) rights under the FMLA, unless there is required
<br />involvement of the federal Department of Labor or a court of competent
<br />jurisdiction; (2) payment of unpaid overtime, unpaid minimum wage, and
<br />liquidated damages under the federal FLSA, unless there is required
<br />involvement of the federal Department of Labor or a court of competent
<br />jurisdiction; (3) rights to file a charge or participate in an investigation or
<br />proceeding conducted by the Equal Employment Opportunity Commission
<br />(EEOC), but this does not exclude the waiver or release of the right to
<br />recover Dotty Norgard's relief including, but not limited to, back pay,
<br />front pay, reinstatement, attorneys' fees, and /or punitive damages, in any
<br />administrative or legal action whether brought by the EEOC or other civil
<br />rights enforcement agency, Dotty Norgard, or any other party; (4) rights to
<br />unemployment benefits or any other rights under the Minnesota
<br />Unemployment Insurance Law; (5) any claim for workers' compensation
<br />only to the extent such benefits are awarded by a state agency or agreed
<br />upon consistent with state law; (6) statutory rights, if any, to
<br />indemnification from City for claims brought against Dotty Norgard in his
<br />capacity as an employee or agent of City; (7) right under the Uniformed
<br />Services Employment and Reemployment Rights Act; (8) rights under the
<br />Separation and Release Agreement between City of Little Canada, Minnesota and Dotty Norgard Page 2 of 6
<br />
|