If any action is brought to enforce the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs, and expenses from the other party, in addition to any other relief to which the prevailing party may be entitled.
The contents, terms, and conditions of this Agreement must be kept confidential by you and may not be disclosed except to your immediate family, accountant, or attorneys or pursuant to subpoena or court order.
You agree that you will not disparage Releasees or their products, services, agents, representatives, directors, officers, shareholders, attorneys, employees, vendors, affiliates, successors or assigns, or any person acting by, through, under or in concert with any of them, with any written or oral statement.
Nothing in this paragraph shall prohibit you from providing truthful information in response to a subpoena or other legal process., any and all disputes or claims arising out of or related to the validity, enforceability, interpretation, performance or breach of this Agreement, whether sounding in tort, contract, statutory violation or otherwise, or involving the construction or application or any of the terms, provisions, or conditions of this Agreement.
The Law Division granted NMC summary judgment, based upon the Agreement. The Law Under the NJLAD (and Title VII), a release will be deemed valid if it is knowingly and voluntarily entered into.
That determination is based upon a totality-of-the-circumstances test, consisting of the following criteria: (1) the plaintiff’s education and business experience; (2) the amount of time the plaintiff had possession of or access to the agreement before signing it; (3) the role of the plaintiff in deciding the terms of the agreement; (4) the clarity of the agreement; (5) whether the plaintiff was represented by or consulted with an attorney; (6) whether the consideration given in exchange for the waiver exceeds employee benefits to which the employee was already entitled to by contract or law; (7) whether an employer encourages or discourages an employee to consult an attorney; and (8) whether the employee had a fair opportunity to do so.
Are you firing an employee and need to hire someone quickly to take their place?
The case serves as a cautionary reminder to employers as to the need to use best practices in procuring a release from a terminated employee.