Right to Engage in Protected Activity. Nothing in this Agreement shall be construed to waive any right provided by law that is not subject to waiver by private agreement, including (a) claims for worker’s compensation or unemployment benefits; (b) for vested rights under ERISA-covered employee benefit plans as applicable on the date you sign this Agreement; (c) that may arise after you sign this Agreement; or (d) for reimbursement of expenses under the Company's reimbursement policies. In addition, nothing in this Agreement including but not limited to the acknowledgments, release of claims, return of property, confidentiality, and non-disparagement provisions; (e) prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful or waives your right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the Company, or on the part of the agents or employees of the Company, when you have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature; (f) limits or affects your right to challenge the validity of this Agreement under the ADEA or the OWBPA, (g) prevents you from communicating with, filing a charge or complaint with, providing documents or information voluntarily or in response to a subpoena or other information request to, or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, or from responding to a subpoena or discovery request in court litigation or arbitration, or (h) limits you from exercising rights under Section 7 of the National Labor Relations Act or similar state law to engage in protected, concerted activity with other employees. However, by signing this Agreement you are hereby waiving any right to recover any money from the Company or the other Release Parties in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party or governmental agency, except for any right you may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency. Notwithstanding the confidentiality and non-disclosure obligations in this Agreement and otherwise, you understand that as provided by the Federal Defend Trade Secrets Act, you will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret made: (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (2) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
Appears in 1 contract
Sources: Transition Agreement and General Release (Blend Labs, Inc.)
Right to Engage in Protected Activity. Nothing in this Agreement shall be construed to waive any right provided by law that is not subject to waiver by private agreement. It is also expressly understood that nothing in this Agreement shall prohibit you from bringing any February 24, including (a) claims for worker’s compensation 2025 complaint, claim or unemployment benefits; (b) for vested rights under ERISA-covered employee benefit plans as applicable on action seeking to challenge the date you sign validity of, or alleging a breach of this Agreement; (c) that may arise after you sign this Agreement; or (d) for reimbursement of expenses under Agreement by the Company's reimbursement policies. In addition, nothing in this Agreement including but not limited to the acknowledgments, release of claims, return of propertyproprietary information, confidentiality, cooperation, and non-disparagement provisions; (e) prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful or provisions waives your right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the Company, or on the part of the agents or employees of the Company, when you have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature; (f) limits or affects your right to challenge the validity of . Further, you agree and acknowledge that nothing contained in this Agreement under the ADEA or the OWBPA, (g) prevents will prevent you from communicating with, filing a charge or complaint with, reporting possible violations of any law or regulation, providing information or documents or information voluntarily or in response to a subpoena or other information request to, or from and/or participating in an any investigation or proceeding conducted by the Equal Employment Opportunity Commissionby, the National Labor Relations Board, the Equal Employment Opportunity Commission, the Securities and Exchange Commission, law enforcement, or and/or any other any federal, state or local agency governmental authority charged with the enforcement of any laws, or from responding to a subpoena or discovery request in court litigation or arbitration, or (h) limits you from exercising rights under Section 7 of the National Labor Relations Act or similar state law to engage in protected, concerted activity with other employees. However, provided that by signing this Agreement Agreement, you are hereby waiving any right all rights to recover any money individual relief from the Company Released Parties (including but not limited to backpay, front pay, reinstatement, or the other Release Parties legal or equitable relief) based on claims asserted in any charge, such a charge or complaint, or lawsuit or other proceeding brought asserted by you or any third-party on your behalf by any third party or governmental agencybehalf, except where such a waiver of individual relief is prohibited and except for any right you may have to receive a payment or award from a government agency (and not the Company) for information provided to the a government agency. Additionally, nothing in this Agreement prevents a non-management, non-supervisory employees from engaging in protected concerted activity under §7 of the NLRA or similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, except where the information was entrusted to the employee in confidence by the Company as part of the employee’s job duties. Notwithstanding the your confidentiality and non-disclosure obligations in this Agreement and otherwise, you understand that as provided by the Federal Defend Trade Secrets Act, you will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret made: (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (2) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
Appears in 1 contract
Sources: Severance Agreement (Marqeta, Inc.)