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Resignation Agreement

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Resignation Agreement Powered By Docstoc
					                              Early Notification of Resignation

                               Waiver and Release Agreement


This Agreement is between _________________________________ (the “Employee”) and the
Brownsville Independent School District (“District”) on behalf of their respective heirs,
predecessors, successors, assigns, representatives, agents, officers, trustees and employees, both
past and present.

Employee and the District agree as follows:

As of _____________________________, 2011, the full-time employment of Employee by
District will cease, and Employee shall terminate his/her employment relationship with the
District, and thereby become an employee resigned or retired from full-time employment with
the District.

The District agrees to pay Employee the benefits set forth under the Early Notification of
Resignation Program approved by the Board on April 5, 2011, as good and valuable
consideration for the obligation of Employee to RELEASE, ACQUIT AND DISCHARGE the
District, its trustees, employees, officers, and agents, both past and present, from all claims,
liabilities, demands, expenses, attorney’s fees and compensation whatsoever, known or
unknown, which may have accrued in whole or in part and which are based upon facts occurring
before the date on which Employee signs this Agreement. Employee hereby acknowledges that
there are various State and Federal laws and provisions that govern his/her employment
relationship with the District and/or prohibit employment discrimination on the basis of age,
color, race, gender, filing a workers’ compensation claim, national origin, mental or physical
disability, religious affiliation, or veteran status, including, but not limited to, the Texas and U.S.
Constitutions, the Texas Commission on Human Rights Act, Title VII of the Civil Rights Act of
1964, The Civil Rights Act of 1991, 42 U.S.C. Section 1981, 42 U.S.C. Section 1983, Executive
Order 11246, the Rehabilitation Act, the Older Worker Benefit Protection Act, the Age
Discrimination in Employment Act, the Employee Retirement Income Security Act, the
Americans With Disabilities Act, the Family and Medical Leave Act, the Texas Workers’
Compensation Act, and the Texas Labor Code. Employee understands that in consideration of
the payments provided for in the Early Notification of Resignation Program and this Agreement,
he/she intends to give up any rights he/she may have under these or any other laws with respect
to his/her employment and termination of employment at the District and acknowledge that the
District has not (a) discriminated against him/her, (b) breached any express or implied contract
with him/her, or (c) otherwise acted unlawfully toward him/her.
Employee further covenants not to sue or participate in any suit against District for any actions,
claims, demands, damages, costs, expenses, attorney’s fees and any compensation whatsoever,
including but not limited to back pay, front-pay, benefits and increases in compensation.

Employee acknowledges that District requested Employee to inform District of any act which
may constitute unlawful discrimination or wrongful termination and that District informed
Employee that the EEOC and the Texas Commission on Human Rights have the authority to
investigate cases of alleged unlawful discrimination. Employee understands that he/she is
entitled to file a charge of discrimination or participate in an investigation by these agencies, but
that he/she will not be entitle to recover any additional amounts through such a proceeding if
Employee signs this agreement.

This Agreement constitutes the complete understanding between District and Employee and each
party represents to the other that he, she or it are not relying on any other agreements or oral
representations not fully expressed in this Agreement. No other agreements or understanding
between the parties, oral or otherwise, shall be deemed to exist, or to bind the parties, and all
such prior agreements and understandings are superseded by this Agreement. This Agreement
shall be binding upon and shall be for the benefit of the parties hereto and their respective heirs,
personal representatives, successors, and assigns. Attached to and incorporated into this
Agreement is a description of the Early Notification of Resignation Program. This Agreement
shall be constructed in accordance with the laws of the State of Texas and all applicable federal
law, and shall be fully performable and enforceable in Cameron County, Texas. The parties
agree that, if any provision of this Agreement is held to be unenforceable or invalid, the invalid
provisions shall be stricken and the remaining provisions shall be enforceable. The parties
further agree that this Agreement may be used as evidence in a subsequent proceeding in which
either of the parties allege a breach of this Agreement or as a complete defense to any proceeding
or lawsuit brought by either party; other than this exception, the parties agree that this Agreement
will not be introduced as evidence in any proceeding or in any lawsuit.

Employee additionally agrees to waive and release any right he/she may have to recover in any
lawsuit or proceeding brought by herself/himself, an administrative agency, or any other person
on his/her behalf or that includes him/her in any class. If Employee breaches this paragraph,
he/she understands that he/she will be liable for all expenses, including costs and reasonable
attorneys’ fees, incurred by the District in defending the lawsuit or charge, regardless of the
outcome. Employee agrees to pay such expenses within thirty (30) calendar days of written
demand. This paragraph is not intended to limit Employee from instituting legal action for the
sole purpose of enforcing this Agreement. Employee also agrees to waive any right to
reinstatement or any future employment or relationship with the District. However, the District
retains the right, in its sole discretion, to consider Employee for future employment in any
capacity.
Employee acknowledges that he/she has carefully read and fully understands all of the provisions
of this Waiver and Release Agreement and the Early Notification of Resignation Option.
Employee understands that he/she is waiving rights or claims only in exchange for the
consideration identified above, in addition to anything else of value to which he is already
entitled.

By signing this Agreement, Employee acknowledges that he/she has consulted with an attorney
or has intentionally declined to do so.

By signing this agreement, Employee acknowledges that he/she has voluntarily entered into and
signed this Waiver and Release Agreement and the Resignation Letter attached.

Employee understands that the benefits to be paid under the program are separate and apart from
the benefits paid under the Teachers Retirement System of the State of Texas (“TRS”) and the
effect of the Employee’s election to participate in the Program on the benefits paid the Employee
under TRS shall be determined under the rules and regulations pronounced in connection with
TRS.

                                                       DISTRICT

___________________________________                   __________________________________

Employee                                                                         Superintendent



___________________________________                   __________________________________

Date                                                   Date

				
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