Legal LWDA Letter

LEGAL LWDA LETTER — JOINT STIPULATION AND REQUEST

This Joint Stipulation and Request to the Labor and Workforce Development Agency (LWDA) is made and entered into as of , by and between Employer Name: (Employer) and Claimant Name: (Claimant). The Employer and Claimant are sometimes hereinafter referred to collectively as the Parties.

RECITALS

WHEREAS, Claimant submitted or threatened to submit a claim, complaint, or inquiry to the Labor and Workforce Development Agency alleging certain wage, employment or related claims arising from Claimant's employment with Employer (the "LWDA Matter"); and

WHEREAS, the Parties desire to resolve all disputes, claims and potential claims between them arising out of or relating to the LWDA Matter without further litigation, contested administrative proceedings, or further action by the LWDA, subject to the terms and conditions set forth herein; and

WHEREAS, the Parties intend by this instrument to set forth their mutual obligations and to request that the LWDA take the administrative action described in Section 3 below upon satisfaction of the agreed conditions.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. SETTLEMENT PAYMENT

1.1 Payment Amount: Employer shall cause to be paid to Claimant the gross settlement amount of $ (the "Settlement Amount"), subject to applicable tax withholdings as required by law and any agreed allocations between wages and non-wage components. The Settlement Amount is inclusive of all claims released herein.

1.2 Payment Date and Conditions: Employer shall deliver the Settlement Amount to Claimant no later than , . Payment shall be deemed complete when funds have been delivered and cleared and any check or negotiated instrument has been honored.

1.3 Method of Payment: Payment shall be made by check or electronic transfer to the payee designated by Claimant. Instructions for payment shall be provided by Claimant to Employer in writing prior to the payment date.

2. MUTUAL RELEASE

2.1 Release by Claimant: Upon receipt of the Settlement Amount, Claimant forever releases and discharges Employer, and Employer's officers, directors, employees, agents, insurers, successors and assigns, from any and all claims, demands, causes of action, suits, complaints, damages, liabilities, and obligations of any nature whatsoever, whether known or unknown, arising from or related to the LWDA Matter through the Effective Date, including but not limited to claims for wages, penalties, interest, costs, attorneys' fees, or other relief under state or federal labor, wage and hour, discrimination, or employment statutes.

2.2 Release by Employer: Employer releases Claimant from any claims arising from or related to the LWDA Matter through the Effective Date. The releases in this Section 2 are mutual and constitute a full accord and satisfaction of the Parties' disputes related to the LWDA Matter.

3. JOINT REQUEST TO LWDA

3.1 Request: Subject to satisfaction of the conditions in Section 1, the Parties jointly request that the LWDA administratively close, dismiss, or classify as resolved the LWDA Matter and take no further action against Employer with respect to the LWDA Matter. The Parties agree to cooperate in good faith to provide the LWDA with a copy of this Stipulation and such administrative documents as may be necessary to effectuate closure.

3.2 Limitations: The Parties acknowledge that the LWDA retains any statutory authority to accept, review, or decline the Parties' request and that no action by the LWDA is promised or guaranteed by this Stipulation. The Parties agree that this Stipulation is intended to resolve private claims between the Parties and to provide the LWDA with notice of the settlement and a request for administrative closure.

4. CONFIDENTIALITY

4.1 Confidentiality Obligation: Except as required by law or by the LWDA for its administrative purposes, the Parties shall maintain the confidentiality of the terms of this Stipulation and shall not disclose the Settlement Amount or the detailed terms to any third party, except to professional advisors, tax authorities, or as required for tax reporting.

4.2 Permitted Disclosures: Notwithstanding the foregoing, either Party may disclose the existence and terms of this Stipulation to the LWDA and to courts or governmental bodies as required by law, or to enforce this Stipulation.

5. NO ADMISSION

This Stipulation shall not be construed as an admission of liability, wrongdoing, or violation of law by any Party, and each Party expressly denies any such liability. The Parties agree that settlement was reached to avoid litigation and expense.

6. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has the full right, power and authority to enter into this Stipulation, that the person(s) signing below are authorized to bind the respective Party, and that the execution and performance of this Stipulation will not violate any contract, court order or legal obligation to which the Party is subject.

7. NOTICES

Notices required or permitted under this Stipulation shall be in writing and shall be delivered by personal delivery, nationally recognized overnight courier, or first-class mail, postage prepaid, to the addresses set forth above, or to such other address as either Party may designate by written notice to the other in accordance with this Section.

8. AMENDMENT; WAIVER

Any amendment or modification of this Stipulation must be in writing and signed by both Parties. No waiver of any provision of this Stipulation will be effective unless in writing and signed by the Party against whom the waiver is asserted.

9. GOVERNING LAW

This Stipulation shall be governed by and construed in accordance with the laws of the state where the underlying employment relationship principally occurred, without regard to conflict of law principles.

10. ENTIRE AGREEMENT

This Stipulation constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, whether written or oral, relating to the LWDA Matter.

11. SEVERABILITY

If any provision of this Stipulation is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.

12. COUNTERPARTS

This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be binding for all purposes.

CERTIFICATION AND AUTHORITY

Each Party certifies and acknowledges that: (a) the Party has read and fully understands this Stipulation; (b) the Party has had the opportunity to consult with counsel of the Party's choosing; (c) the Party enters into this Stipulation knowingly and voluntarily; and (d) the individual signing on behalf of a corporate or organizational Party is authorized to bind such Party to the terms of this Stipulation.

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