Settlement and Release of Claims Agreement: Single Plaintiff Employment Dispute (CA)

by Practical Law Labor & Employment

A Standard Document providing a California-compliant model settlement agreement for a private employer to use in a single-plaintiff employment dispute. It includes a broad general release and waiver of claims, addressing federal statutes like the Age Discrimination in Employment Act (ADEA) and key California laws such as the Fair Employment and Housing Act (FEHA). It specifically contains language for a waiver of unknown claims under California Civil Code Section 1542. This Standard Document also navigates complex and evolving issues, including the drafting of confidentiality and non-disparagement provisions in light of recent scrutiny from the National Labor Relations Board (NLRB) and legislative changes like California's STAND Act and the Silenced No More Act (S.B. 331). It also addresses provisions on whistleblower protections, the structure of settlement payments and their tax implications, and California's general prohibition on no-rehire clauses, providing a framework for resolving disputes while mitigating future risk. This Standard Document is drafted in favor of the employer for use with their non-unionized employees. It also addresses the law in key California local jurisdictions. Other local laws may impose additional or different requirements. For information on the scope of local law coverage, see Local Law Coverage in Labor & Employment Resources. It has integrated notes with important explanations and drafting tips.