Separation Agreement Question

Employment Law

Location: Florida.

Hi all. I entered into a separation agreement with a former employee, and the agreement contains the following clause:

“ voluntarily and irrevocably release and forever discharge [employer], any parent companies, direct and indirect subsidiaries and affiliates, successors and assigns, together with their respective owners, officers, Board Members, directors, partners, employees, volunteers, contractors, attorneys, agents and all persons or entities acting herein, in their corporate and individual capacities, whether specifically named or not (collectively, the "[company]"), from any and all claims whatsoever up to the date hereof that I had, may have had, or now have against Employer, or any other member of the [company], individually, or any combination of members, collectively, whether known or unknown, for or by reason of any matter, cause, or thing whatsoever, including without limitation any claim arising out of or attributable in any way, directly or indirectly, to my employment or end of employment with [company], whether for tort, breach of express or implied employment contract, unjust dismissal, fraudulent inducement, negligence, intentional infliction of emotional distress, fraud, misrepresentation, conspiracy, wrongful termination, or under any federal, state, or local law dealing with discrimination, harassment, or retaliation, based on race, color, religion, sex, gender, sexual orientation, pregnancy, national origin, age, disability, veteran status, national origin, age, disability, or any other protected class. This General Release of all claims includes, but is not limited to, all claims arising under Title VII of the Civil Rights Act of 1964; the Pregnant Workers Fairness Act; the Equal Pay Act; the Americans with Disabilities Act of 1990; the OccupationalSafety and Health Act; the Fair Credit Reporting Act; the Genetic Information and Nondiscrimination Act; the National Labor Relations Act; the Florida Civil Rights Act; the Florida Whistle Blower Act; Florida's Statutory Provision Regarding Retaliation for Filing a Workers' Compensation Claim; or, the Age Discrimination in Employment Act of 1967, each as may be amended from time to time, and any other federal, state, or local laws, the common law, and any other purported restriction on an employer's right to terminate or hire employees or governing the relationship between an employer and employee. The General Release contained in this Agreement is intended to be a GENERAL RELEASE of any and all claims to the fullest extent permissible by law. As used in this General Release, the term "claims" will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys' fees, judgments, damages, expenses, losses, and liabilities, whatsoever kind or nature, in law, in equity, or otherwise. Excluded from this Agreement are claims that cannot be waived by law. “

Based on my limited research, an individual cannot waive their rights to filing charges with certain agencies, including OSHA, EEOC, and NLRB. The only thing I can waive is my right to receiving compensation for such claims. Is this accurate?

If so, can I file charges with the relevant agencies for including such a clause in their separation agreements?

Posted Dec 7, 2025, 10:53 PM UTC

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