In this form, as a result of a lump sum settlement, a former employee is releasing a former employer from any and all claims for breach of contract or wrongful termination as well as any claim under the Employee Retirement Income Security Act of 1974, as amended (ERISA);
any claim under the Age Discrimination in Employment Act, as amended, or the Older Workers Benefit Protection Act; any claim under Title VII of the Civil Rights Act of 1964, as amended;
any claim under the Americans with Disabilities Act, as amended; and any other claim of discrimination or retaliation in employment (whether based on federal, state or local law, statutory or decisional);
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Dakota Release by Employee of Claims against Employer related to Terminated Employment Including the Release of Employee Benefit and Pension Plans and Funds is a legal document that outlines the terms and conditions for an employee's voluntary release of claims against their former employer following the termination of their employment. This release typically involves the release of any potential legal claims an employee may have against their employer arising from their employment termination. In South Dakota, there are different types of releases that an employee may consider when releasing their claims against their former employer. These may include: 1. General Release: A general release is a broad release that covers all potential claims the employee may have against their employer, including claims related to employment termination, benefits, pensions, funds, or any other employment-related matter. By signing a general release, the employee agrees to waive and release any future claims against their employer. 2. Specific Release: A specific release is a more limited release that focuses on a specific aspect or category of claims, such as claims related to employee benefits and pension plans. This type of release allows the employee to release only the claims specifically mentioned in the release, while other potential claims may still be preserved. 3. Severance Release: A severance release is a release agreement that is often provided to employees in exchange for a severance package or additional benefits upon termination. This release typically covers a wide range of claims, including claims related to employment termination, benefits, pensions, and funds. By signing a severance release, the employee agrees to waive their right to pursue any claims against the employer in exchange for the agreed-upon severance package. When drafting a South Dakota Release by Employee of Claims against Employer related to Terminated Employment Including the Release of Employee Benefit and Pension Plans and Funds, it is crucial to include relevant keywords such as "terminating employment," "employee release," "benefit and pension plans," "funds release," and "South Dakota labor laws." Additionally, it is essential to include specific provisions regarding the scope of the release, waiver language, consideration provided in exchange for the release, and any other relevant provisions to ensure the enforceability of the release agreement under South Dakota law. It is always recommended consulting with a legal professional experienced in employment law and familiar with South Dakota's specific regulations when drafting or executing a release agreement to ensure compliance and protection of the rights and interests of both parties involved.
