Brett Gailey 4/30/2020 - Laserfiche WebLink

SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS (this "Agreement")is entered into by City of Everett(as further defined below, "Employer") and Brett Gailey(as further defined below, "Employee"). Employee and Employer are sometimes referred to in this agreement individually as a"Party" and collectively as the"Parties." RECITALS A. Employee is employed by Employer as a police officer. Employee shall retire from employment with Employer effective May 1,2020 (the"Retirement Date"). B. On October 19, 2017, Employer was notified that Employee had sought the advice and assistance of the U.S. Department of Labor in regards to Employee's allegation that Employer had violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)when it promoted other employees to sergeant rather than Employee. In response, the Department of Labor investigated. On or about March 8,2018, the Department of Labor notified Employer that it was closing its file and that Employee had the right to refer the investigation to the U.S. Department of Justice for possible representation. Employee did refer the matter to the Department of Justice,which then continued the investigation. On or about September 24, 2018, the Department of Justice notified the City that it would not offer representation to Employee. Neither the Department of Labor nor the Deparment of Justice issued a determination as the merits of Employee's allegatons. C. On June 4, 2019, Employee filed a civil lawsuit against Employer(as defined further below, the "Lawsuit") alleging claims of discrimination and retaliation under the Washington Law Against Discrimination (WLAD); and USERRA. Employee sought economic, non-economic, liquidated damages and attorney fees and costs. Employer denies Employee's allegations and asserts that all promotion decisions were based on legitimate grounds. D. Employer and Employee wish to enter into an agreement to resolve the claims asserted by Employee in the Actions and to prevent and resolve any other disputes that may exist between them arising out of their employment relationship and its termination, and they enter into this Agreement for that purpose. AGREEMENTS The Parties agree as follows: 1. INCORPORATION OF RECITALS The Parties hereby incorporate into this Agreement, and agree to the accuracy of, the recitals set forth above. 2. DEFINITIONS a. "Actions"means the Lawsuit, and the agency USERRA proceedings, together. Page 1 of 8 Employee Initials