Instructions for settlement agreement
1. Find and replace as follows:
Find Replace with
AAAA Plaintiff’s Name
BBBB Defendant’s Name
CCCC General damage amount
DDDD Wage amount
EEEE Attorneys’ fees and costs amount
FFFF (Case number and forum) “_______before the ___________”
(if the plaintiff is a man)
she he
her his
2. Print and discard this page.
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SETTLEMENT AGREEMENT AND COMPLETE AND MUTUAL RELEASE
AAAA, hereinafter referred to as the plaintiff, and BBBB, hereinafter referred to as the defendant, for themselves, their parents, subsidiaries, agents, employees, attorneys, successors and assignees hereby agree as follows:
1. Forthwith upon the execution of this agreement the defendant will cause to be paid the following three sums, by 3 separate checks:
(i) The sum of CCCC to AAAA as general damages for personal injuries, without deductions of any kind, paid in the form of a check made payable to AAAA in the amount of CCCC; The 1099 Form for this payment shall reflect payment to “AAAA, Social Security No. ________________.”
(ii) The sum of DDDD to AAAA as wages, with all applicable payroll and income tax deductions generally applicable to the payment of wages, in the form of a check for the net amount after deductions payable to AAAA, and
(iii) The sum of EEEE to the Jeff Scott Olson Law Firm, S. C., Tax I. D. # 39-1950272, as attorneys’ fees and costs, without deductions of any kind, in the form of a check payable to the Jeff Scott Olson Law Firm, S. C., in the amount of EEEE. The 1099 Form for this payment shall reflect payment to “the Jeff Scott Olson Law Firm, S. C., Tax I. D. # 39-1950272.”
These sums will be paid within 10 calendar days of the date this agreement is signed by the plaintiff and transmitted to the defendant. If payment of any portion is not made when due, said unpaid portion shall bear interest at the rate of 1% per week.
The payment of general damages for personal injuries to AAAA referred to in this paragraph represents general damages for personal injuries and is given in consideration for the release of all the plaintiff's claims against the defendant including but not limited to claims for mental and emotional distress under the Americans with Disabilities Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, and state law tort claims against the defendant and its employees, including but not limited to assault, battery, defamation, intentional infliction of emotional distress, and tortious interference with contractual relationships.
2. Neither these payments nor the manner in which they are characterized in this agreement are intended to represent an admission of fault or liability on the part of the defendant. This entire agreement represents the decision of the parties to resolve their disputes on a compromise basis in order to avoid the risk, expense, delay and effort necessarily associated with further litigation, and does not represent a lack of confidence on the part of any of the parties in the rectitude of their positions, the efficiency of the legal system, or the competence of their attorneys.
3. The plaintiff and the defendant hereby release each other, and each other's employees, agents, attorneys, successors, parents, subsidiaries and assignees, from all claims, liabilities and obligations of any nature whatsoever, arising prior to the date of final execution of this document. The parties covenant not to sue or to commence or continue any administrative proceedings against each other or against each other's employees, agents, attorneys, successors and assignees, on any claim or cause of action arising prior to said date.
4. The parties hereby agree to stipulate to the dismissal of Case No. FFFF with prejudice and without any award of costs in favor of either party. The plaintiff hereby agrees to forthwith obtain the withdrawal and dismissal with prejudice of any and all administrative and judicial proceedings pending in any other forums against the defendant or any of its employees, agents, attorneys, successors, parents, subsidiaries and assignees.
5. The plaintiff represents that she has previously assigned any rights she may have to make a claim for an award of attorney’s fees and costs against the defendant to her attorneys, the Jeff Scott Olson Law Firm, S. C., and for this reason as well as the consideration set forth above, the plaintiff releases the defendant and its employees, agents, attorneys, successors and assignees from any claim for attorneys’ fees or costs or both and covenants never to make such a claim. For the consideration set forth above, the Jeff Scott Olson Law Firm, S. C., also releases the defendant and its employees, agents, attorneys, successors and assignees from any claim for attorneys’ fees or costs or both and covenants never to make such a claim.
6. In the event that through no fault of the defendant the settlement proceeds in this case or any portion of them should be finally determined by any state or federal tax authority to constitute taxable income from which income and/or other taxes should have been withheld at the time of payment, the plaintiff will promptly pay any monies which become due and owing by virtue of the defendant's failure to withhold such taxes and payroll deductions from the settlement proceeds, and will indemnify and hold harmless the defendant against any expenses occasioned by any failure to promptly pay such sums.
7. The parties mutually agree that except as otherwise required by law, or as appropriate in connection with required reports to any agency of Federal, State or local Government, they shall not disclose the terms upon which their dispute has been resolved. Nor, except as provided above, will either party characterize the amount of the settlement proceeds in this case. The parties agree that the actual damages flowing from the breach of the obligations created by this paragraph would be difficult to assess and prove and therefor stipulate to liquidated damages in the amount of 10% of the plaintiff's individual share of the settlement proceeds after taxes in the event of a breach by either party which does not result in the public disclosure of the settlement terms. The parties stipulate to liquidated damages in the amount of 20% of the plaintiff's individual share of the settlement proceeds after taxes in the event of a disclosure by either party of the amount of the settlement proceeds to the media which results in public disclosure of the amount of the settlement proceeds.
8. The defendant agrees to provide the plaintiff with a letter of reference in the form attached hereto as Exhibit A, and to respond to any oral or telephonic requests for employment reference in a manner so as not to contradict this paragraph or the content of Exhibit A. The plaintiff agrees that she is not now or hereafter entitled to employment or reemployment with the defendant and she agrees not to seek such employment.
Plaintiff AAAA
____________________________ Date:_______________________________
AAAA
Plaintiff’s Counsel
The Jeff Scott Olson Law Firm, S. C.
____________________________ Date:_______________________________
Jeff Scott Olson
Defendant BBBB
____________________________ Date:_______________________________
_________________
authorized agent for BBBB
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