WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT
EQUAL RIGHTS DIVISION 

 

CANDICE (LEMIRE)

HEMMERLING
ERD Case Nos. CR201201027

Complainant
V.

UNIVERSITY OF
WISCONSIN-COLLEGES,

Respondent

 

RELEASE AND SETTLEMENT AGREEMENT

 

CANDICE HEMMERLING (?Hemmerling?), an adult resident of the State of
Wisconsin, along with the I Board of Regents of the University of Wisconsin System
doing business as the University of Wisconsin?Colleges together with all of its
employees and agents (collectively ?University of Wisconsin?Colleges?), desire to forego
further litigation and end controversies in the above?referenced matter. In exchange
for the mutual promises set forth below, the parties agree as follows:

1. Full and final agreement. Thisagreement is a full, ?nal and complete
compromise and settlement of a disputed claim, and neither Hemmerling nor any
current or potential defendant claims to be a prevailing party. Payment hereunder
will not be construed as an admission of liability or wrongdoing, and no party will

claim otherwise.

 

2. Settlement amounts. The Board of Regents of the University of
Wisconsin System will cause to be paid to Hemmerling the total sum of $50,000.00, as
follows:

a. By payroll check made payable to ?Candice Hemmerling? in the
amount of $38,333.34, less appropriate withholding, as compensation for lost wages.

b. By check made payable to ?Rebecca Salawdeh in the amount
of $16,666.66 for attorney's fees incurred in this matter.

These sums shall be in full discharge and in lieu of any amount which would or
could be awarded by any court, quasi?judicial body, or administrative body.

3. Tax forms. Prior to the issuance of the checks, Attorney Salawdeh will
provide the University of Wisconsin Colleges with an IRS form W-9, and Hemmerling
will provide the University of Wisconsin?Colleges, with an IRS form W-4. In January
2017, an IRS Form 1099-Misc will be provided to Attorney Salawdeh in the amount of
$16,666.66 with the amount designated as "other income" for attorney?s fees and
expenses. The University of Wisconsin System will provide Hemmerling with an IRS
Form W-2 showing the wage payment described above. Hemmerling agrees that she
is responsible for any tax obligation that may result from these payments.

4. Letter of reference and future employment. The University of
Wisconsin-Colleges will provide Hemmerling with a letter in the form set forth in
Attachment A to be signed by the Assistant Vice Chancellor for Human Resources,
listing Hemmerling?s title, dates of employment, ?nal rate of pay, and a summary of

her duties, and will con?ne any third-party inquiries regarding Hemmerling, her job

 

performance, andfor the circumstances surrounding Hemmerling?s separation of
employment to the information in Attachment A unless further disclosures are
required by law. Hemmerling agrees not to seek future employment with the
University of Wisconsin-Colleges.

5. Voluntary Withdrawal of complaint. Before or within three days of
her receipt of the check in this matter, Hemmerling will move to withdraw or
voluntarily dismiss with prejudice all pending claims she has brought against the
University of Wisconsin System, the Board of Regents of the University of
Wisconsin, or the University of Wisconsin-Colleges, or will seek to have her request
to withdrawal processed. This includes, but may not be limited to, the above-
referenced claim Hemmerling (Lemire) 0. University of WisconsimColleges ERD
Case No. CR201201027. Ms. Hemmerling will provide a c0py of her letter of
withdrawal or dismissal to the University of Wisconsin-Colleges.

6. Non~disparagement clause. To help bring these disputed claims and
the controversies surrounding them to an end, Hemmerling represents that she will
not publicly disparage the Board of Regents, University of Wisconsin System, the
University of Wisconsin Colleges, and its campuses, of?cers, agents and employees.
Adherence to this term in the future goes to the essence of this settlement agreement.

7. Con?dentiality. Ms. Hemmerling agrees to keep both the agreement
and the fact of the agreement con?dential with the exception of her attorney and
immediate family members. The University of Wisconsin Colleges agrees to maintain

the con?dentiality of the settlement agreement to the extent permitted by law.

 

8. Release. Hemmerling for herself, her heirs, and assigns, releases and
discharges the Board of Regents of the University of Wisconsin System, the University
of Wisconsin-Colleges, and all present or former of?cials, agents, or employees of the
State of Wisconsin or the University of Wisconsin SyStem from any and all claims,
demands, or causes of action she has asserted, which she may have asserted, or which
she could have asserted that relate in any manner to her employment with the
University of Wisconsin-Colleges whether or not based on state or federal law, and
whether or not the claim, demand, or cause of action now exists or may hereafter
accrue, is known or unknown, or is anticipated or unanticipated. Hemmerling so
releases and so discharges all other persons, corporations, and entities whatsoever,
governmental and nongovernmental alike, such as are classed as joint tort?,feasors, or
as contractual parties to this litigation, under the laws of the State of Wisconsin or the
United States, completely barring any right of action against any such defendants
whether or not named herein. This release and discharge extends to and includes,
without limitation because of enumeration, the present claims under the Wisconsin
Whistleblewer Law, sections 23080-23089, Wis. Stats, or any applicable federal
causes of action, and to any claim for attorney's fees.

9. Exceptions. Any claims involving Worker?s Compensation or the
Wisconsin Retirement System are speci?cally excepted from this agreement.

10. Final Agreement. This agreement contains the entire agreement

between the parties, and may be modi?ed only by written agreement of the parties.

 

Dated this day of May, 2016.

  
 

  

Candice 

 

Dated this day ofMay, 2016.

Steven Wildeck
Vice Chancellor
University of Wisconsin-Colleges