Attorney and Memorandum of Employment Agreement

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Attorney and Memorandum of Employment Agreement Powered By Docstoc
					                              SAMPLE AGREEMENT

                            MEMORANDUM OF AGREEMENT

       This Agreement is made on                         , between ITHACA COLLEGE
("the College") and Name, Title, Department of            .
                                        RECITALS
       1.     Professor X has indicated that he/she would like to participate in the
College’s expanded eligibility limited time terminal sabbatical program for tenured
faculty.
       2.     The College has reviewed Professor X’s request and has determined that
he/she meets all of the requirements for participation in the program.
                                         TERMS
       Accordingly and in consideration of the above, the parties agree as follows:
       1.     The College grants a terminal sabbatical to Professor X which will
commence on August 16, 2010, and will continue through May 31, 20011(“the
sabbatical period”).
       2.     Professor X voluntarily agrees to resign from the College immediately
upon expiration of the sabbatical period on May 31, 2011 and relinquishes any right to
future employment at the College beyond May 31, 2011. The preceding provision does
not prohibit the College from offering Professor X temporary employment in the future.
The confirmation of Professor X’s retirement upon completion of the sabbatical period
shall be set forth in a letter of resignation provided by Professor X and made part of this
agreement as an Attachment.
       3.     During the sabbatical period, the College shall pay to Professor X a
percentage of full pay equal to 50 percent plus 1 percent for each full year of service up
to and including 30 years calculated on base pay and service as of August 16, 2010
(X% of annual salary for 2009-10). This amount will be adjusted to reflect any
increments provided to Professor X in accordance with the College’s annual salary
review process effective for the 2010/2011 academic year.
       4.     During the sabbatical period, Professor X will be entitled to receive all
benefits normally afforded to full-time tenured faculty on sabbatical leave. Coverages
will end on August 31, 2011 provided Professor X has payment arrangements in effect

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for the summer period. During the sabbatical period, Professor X will not be treated
differently than other employees with regard to enhancements, reductions or changes to
the College's benefits plans.
      5.      Provided Professor X is actively participating in the TIAA-CREF Basic
Retirement Plan at the time of execution of the Agreement, he will be entitled to receive
the College’s contribution to said program. Professor X will be required to make a 5
percent employee contribution to the TIAA-CREF Basic Retirement Plan calculated on
actual base earnings. Additional voluntary pre-tax contributions under the TIAA-CREF
Tax Deferred Annuity Plan may continue to be made to the Basic Plan or the Group
Supplemental Retirement Annuity Plan subject to the IRS maximum.
      6.      As of September 1, 2011, the following retiree benefits will be provided:
          Group medical coverage will be available to a participant and participant’s
           eligible dependents until the participant becomes eligible for Medicare
           benefits or attains age 65, whichever occurs first. A spouse or qualified
           domestic partner who attains age 65 is no longer an eligible dependent. After
           the participant attains the age of 65 or becomes Medicare eligible, the
           participant’s eligible dependents will be offered 36 months of COBRA
           coverage at the COBRA rate in effect at that time. Medical benefits are
           available as long as the Participant and the dependent(s) are enrolled in a
           College health care plan as of the Separation Date. The College will provide
           the same level of premiums as it provides to active employees toward group
           medical coverage for the Participant and will charge the COBRA rate for
           Participant's eligible dependent(s) until the Participant reaches age 65. The
           Participant will be responsible for timely payment of her/his portion of the
           premium for dependents. Plan options and plan provisions will be the same
           as for active employees and are subject to change at any time by the College.
           Group medical coverage will terminate for a Participant and the Participant's
           dependent(s) if the Participant becomes eligible for medical coverage through
           employment with another employer. The Participant is required to notify the
           College immediately upon becoming eligible for medical coverage through
           employment with another employer.

          Dental coverage will be available to a Participant and the Participant's
           eligible dependents until the Participant or the Participant's eligible
           dependent, as the case may be, become(s) eligible for Medicare benefits, or
           attain(s) age 65, whichever occurs first. A spouse or qualified domestic
           partner who attains age 65 is no longer an eligible dependent. After the
           participant attains the age of 65 or becomes Medicare eligible, the
           participant’s eligible dependents will be offered 36 months of COBRA
           coverage at the COBRA rate in effect at that time. These benefits are
           available as long as the Participant and the Participant's dependents are
           enrolled in the College's Dental Plan as of the Separation Date. The
           Participant will be required to pay the full premium, at the COBRA rate, for the

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           dental coverage. Plan options and plan provisions will be the same as for
           active employees and are subject to change at any time by the College.
           Dental coverage will terminate for a Participant and the Participant's
           dependents if the Participant becomes eligible for dental coverage through
           employment with another employer. The Participant is required to notify the
           College immediately upon becoming eligible for dental coverage through
           employment with another employer.

          Educational benefits will be available for a Participant, a spouse to whom a
           Participant is legally married or a qualified domestic partner, and for any
           children natural born, legally adopted, or legally dependent on the Participant
           according to the Internal Revenue definition at the time the Participant's
           employment with the College terminates. The spouse/domestic partner
           and/or child (children) must be identified in the Agreement. The benefits will
           be provided in accordance with the eligibility requirements and other
           provisions of the College's Educational Benefit Plan. The benefits offered
           under the Educational Benefit Plan may constitute taxable income to some
           Participants. The College reserves the right to change the benefits if, in the
           future, the Educational Benefit Plan changes for active employees. The
           benefits currently are as follows:

            Eligible dependents who are enrolled at the College as of the Participant's
             Separation Date will continue to receive their tuition remission benefits.

            Eligible dependents who are not enrolled at the College as of the
             Participant's Separation Date will remain eligible for tuition remission
             benefits.

            Eligible dependent children who are currently enrolled at another
             institution as of the Participant's Separation Date will continue to receive
             the cash award benefit.

            Participants may continue to enroll for up to 8 credits per semester.

          A Life insurance benefit in the amount of $5,000 will be continued for the life
           of the Participant at the College's expense. A Participant also has the option
           of converting the remaining amount of the life insurance coverage in effect as
           of the Separation Date. For example, if the Participant had $40,000 of
           coverage, the Participant may convert $35,000 to an individual policy,
           premiums for which shall be paid by the Participant.

      7.      General Release and Waiver:
              a) Subject to the exception set forth in paragraph (b), below: Professor X
unconditionally releases and discharges the College from any and all causes of action,
suits, damages, claims, proceedings, demands, liabilities, and claims for attorneys’ fees
and costs (“Claims”), that he/she has, or may have, against the College, either directly


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or indirectly, relating to any and all acts, occurrences, or events arising on or before the
date of this Agreement, whether asserted or unasserted, whether known or unknown,
including, but not limited to, Claims arising out of, or in any way related to, his/her
employment, or his/her separation from employment, with the College (“Employment-
Related Claims”). Employment-Related Claims include, but are not limited to, any and
all breach of contract claims, tort claims, claims for wrongful or abusive discharge,
defamation claims, claims under Title VII of the Civil Rights Act, as amended, the Age
Discrimination in Employment Act, the Rehabilitation Act, the Americans with Disabilities
Act, the Employee Retirement Income Security Act (but he/she is not releasing claims to
vested benefits), the National Labor Relations Act, the New York Human Rights Law,
the New York Labor Law, and all other applicable local, state, and federal non-
discrimination statutes, and all other local, state, and federal statutes relating to
employment, any county or municipal laws or ordinances relating to employment, the
federal common law, and common law of the State of New York, as well as any other
state, and any and all claims for attorneys’ fees.
       b) Professor X understands that nothing in this Release and Waiver, or this
       Agreement generally, prevents him/her from filing a charge (including a challenge
       to the validity of this Agreement) with the Equal Employment Opportunity
       Commission (“EEOC”) or participating in an EEOC investigation or proceeding.
       Professor X understands and agrees however, that he/she is waiving any right to
       monetary relief and other personal relief as a result of any such EEOC
       proceedings or any subsequent legal action brought by EEOC.
       8.     Professor X acknowledges that he/she fully understands and agrees that
this Agreement may be pled by the College as a complete defense to any claim or
entitlement which may be asserted by him, or on his behalf, in any suit, claim, or
proceeding against the College concerning any matter occurring up to and including the
date of the execution of this Agreement.
       9.     Professor X further acknowledges that: (a) he/she has read, understands,
and is knowingly and voluntarily entering into this Agreement; (b) he is receiving
payment and other consideration from the College to which he/she would not otherwise
be entitled; (c) he has been advised to consult with an attorney prior to executing this
Agreement; and (d) he/she is not waiving any rights or claims that may arise after the
date on which this Agreement is executed.

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       10.    Professor X understands that he/she has twenty-one (21) days to consider
the terms of this Agreement. He/She understands that he/she has seven (7) days
following execution of this Agreement to revoke it, and this Agreement will not be
effective or enforceable until the seven-day period has expired.
       11.    As to the matters discussed above, this is the entire agreement and
understanding between the parties.
       12.    This Agreement may not be modified except by a writing signed by both
parties.
       13.    This Agreement shall be construed and enforced in accordance with, and
governed by, the statutes and common law of the State of New York.
       14.    Should any term, provision or part of this agreement, including, but not
limited to any term, provision, or part of paragraph 7 (General Release and Waiver) be
declared invalid or unenforceable by a tribunal of competent jurisdiction, the remaining
term, provision or part of the Agreement shall remain in full force and effect.


       THE PARTIES HERETO, have caused this Agreement to be executed on the
date shown by each of the signatures below.

Date: ___________________                 ________________________
                                          Name
                                          Professor
                                          Department
ITHACA COLLEGE:

Date: ___________________                 By:__________________________
                                          Kathleen Rountree
                                          Provost & Vice President for Academic Affairs




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