SEPARATION AGREEMENT AND GENERAL RELEASE
Without in any way limiting the foregoing general release, this release includes all Claims arising out of Employees employment with the Company, including the terms, conditions, and termination of his employment with the Company, including Claims for breach of express or implied contract, wrongful termination, constructive termination, retaliation, whistleblowing, discrimination, harassment, hostile working environment, abusive discharge, denial of or interference with leave, defamation, invasion of privacy, violation of public policy, interference with contractual relationships, and intentional or negligent infliction of emotional distress, as well as Claims under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Section 1981 of the Civil Rights Act of 1866, the Americans with Disabilities Act, the Rehabilitation Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Fair Credit Reporting Act, the Employee Retirement Income Security Act, the Genetic Information Nondiscrimination Act, the Health Insurance Portability and Accountability Act, the Occupational Safety and Health Act, the Equal Pay Act, the Uniformed Services Employment and Re-employment Act, the False Claims Act (including the qui tam provision thereof), the Consolidated Omnibus Budget Reconciliation Act, The Dodd-Frank Wall Street Reform and Consumer Protection Act, the Electronic Communications Privacy Act (including the Stored Communications Act), the New Jersey Law Against Discrimination, the New Jersey Family Leave Act, the New Jersey Conscientious Employee Protection Act, the New Jersey Worker Freedom from Employer Intimidation Act, the New Jersey Wage and Hour Laws, the New Jersey Wage Payment Law, the New Jersey Earned Sick Leave Law, the New Jersey Civil Rights Act, the New Jersey Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers Compensation Claim, the New Jersey Smokers Rights Law, the New Jersey Equal Pay Act, the New Jersey Genetic Privacy Act, the New Jersey Fair Credit Reporting Act, the New Jersey False Claims Act, the New Jersey mini-COBRA law, the New Jersey Constitution, as well as any Claims under any other federal, state or local statute, ordinance, order or regulation governing the rights of employees and employers.
Without in any way limiting the foregoing general release, this release also includes all claims for compensatory damages, punitive damages, attorneys fees, salary, commissions, overtime, premium pay, bonuses, stock awards, stock options, expense reimbursements, severance payments, deferred compensation payments, any payments described in the Change in Control Agreement dated December 16, 2015, by and between Company, Provident Financial Services, Inc. and Employee, or other monies due.
Notwithstanding the forgoing, Employee is not waiving any rights he may have to: (a) his own vested accrued employee benefits under the Companys health, welfare, or retirement benefit plans as of the Termination Date; (b) benefits and/or the right to seek benefits under either applicable unemployment compensation statutes or workers compensation statutes, however, Employee represents that he is not presently aware of any basis for seeking workers compensation benefits, and the parties agree that if Employee ever seeks workers compensation benefits, the Company retains all rights to oppose any such claims; (c) pursue claims which by law cannot be waived by signing this Agreement; and/or (d) enforce this Agreement.
Except as may be necessary to enforce this Agreement, and to the fullest extent permitted by law, Employee agrees not to permit, authorize, initiate, join or continue any lawsuit, administrative charges or complaints, arbitrations or proceedings (collectively, Proceedings) against any of the Releasees based in whole or in part on any Claim covered by this release. Notwithstanding the foregoing, Employee understands that nothing contained in this Agreement limits his ability to file a charge or complaint with any federal, state or local governmental agency or commission (government agencies). Employee further understands that this Agreement does not limit his ability to communicate with any government agencies or otherwise participate in any investigation or proceeding that may be conducted by any government agency, including providing documents or other information, without notice to the Company. This Agreement also does not limit Employees right to receive an award for information provided to any government agencies. However, Employee does hereby agree to waive any right he may have to benefit in any manner from any relief (whether monetary, equitable, or otherwise) arising out of any past, present or future proceeding before a state or federal anti-discrimination agency.
10. Employee warrants and represents that with respect to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA), he is aware of no facts that give rise to, or in any way support, any Claims under the FMLA or FLSA against the Company. Further, Employee agrees and acknowledges that (a) he was properly classified as exempt from overtime (i.e., as ineligible to receive overtime), (b) he has been fully and accurately paid for all hours worked, and (c) he is not owed any salary, wages, overtime wages, commissions, bonuses, leaves of absences, benefits or any other form of compensation by the Company, except as required by this Agreement.