SETTLEMENT AGREE1\1ENT AND RELEASE OF LIABILITY 

This Settlement Agreement and Release of Liability (hereinafter referred to as the 

"Agreement") is deemed effective as of November_, 2016 (the "Effective Date"), and is 

. entered into by and between EGS Customer Care, Inc., formerly known as AP AC Customer 

Services, Inc., and its affiliates, subsidiaries, and related corporate and business entities 

(collectively "EGS"), and Douglas Wilkerson ("Wilkerson") and Joshua Luna ("Luna") and 

Ryan Adverderada ("Adverderada") (collectively "Releasors"). 

WITNESSETH: 

WHEREAS, Releasors are former EGS employees; 

WHEREAS, Releasors filed suit against EGS in the United States District 

Court for the District of Arizona, Case No. 2:15-cv-01656-DJH, alleging they are entitled to 

compensation for back pay and damages under the Fair Labor Standards Act (FLSA), 29 

U.S.C. §216(b) (hereinafter referred to as the "Lawsuit"); 

WHEREAS, EGS denies that it has committed any wrongdoing or violated any 

federal law pertaining to the payment of wages and hours worked by Releasors, and has 

defended the claims asserted in the Lawsuit; 

WHEREAS, Releasors acknowledge that EGS maintains they are due no 

wages, that they have no specific knowledge or information to support a position that they are 

due wages; and, if any wages were due, they acknowledge that that there is a bona fide dispute 

-as to the amount of any wages owed and/or the number of compensable hours worked; 

WHEREAS, Releasors have agreed to settle all claims relating to their 

employment with EGS as of the Effective Date, including the claims asserted in the Lawsuit 

and all differences, claims, demands, actions, causes of action or complaints, known or 

unknown, past, present or contingent, in contract, tort or otherwise, arising out of or in 

connection with, directly or indirectly their employment with EGS; and 

WHEREFORE, in consideration of the promises, representations and 

warranties set forth, Releasors and EGS agree as follows: 

1. Releasors acknowledge that this Agreement is their full compromise and 

release in favor of EGS for any existing or potential claims, for compensation or otherwise, 

in any way related to their employment with EGS, including those claims that were raised, or 

could have been raised in the Lawsuit, as well as any claims that have or could be raised under 

any federal, state or local law, of any kind whatsoever, as of the Effective Date. 

2. Releasors hereby release and forever hold harmless EGS and its officers, 

agents, employees, insurance and compensation carriers, and attorneys, from any liability that 

has arisen or may arise, regarding their employment with EGS as of the Effective Date. 

-Releasors further agree to protect and hold harmless EGS from any claims raised by any 

Exhibit A

17

Case 2:15-cv-01656-DJH Document 30-1 Filed 01/09/17 Page 1 of 4
taxing authority regarding any issues with the payment by EGS of the settlement funds 

pursuant to this Agreement. 

3. In consideration of the release of liability and claims by Wilkerson in favor 

ofEGS, within 10 business days of receipt of the Agreement executed by Wilkerson, EGS 

will pay Wilkerson (less standard employee withholdings), representing the 

settlement of Wilkerson's unpaid wages claims, plus representing Wilkerson's 

claim for penalties. 

4. In consideration of the release of liability and cla ims by Luna in favor of 

EGS, within 10 business days of receipt of the Agreement executed by Luna, EGS will pay 

Luna (less standard employee withholdings), representing the settlement of Luna's 

unpaid wages claims, plus representing Luna's claim for penalties. 

5. In consideration of the release of liability and claims by Adverderada in favor 

of EGS, within 10 business days of receipt of the Agreement executed by Adverderada, 

EGS will pay Adverderada (less standard employee withholdings), representing the 

settlement of Adverderada's unpaid wages claims, plus representing Adverderada's 

claim for penalties. 

6. Releasors each understand that the settlement payments provided by this 

settlement as described in this Agreement compensate each of them for any compensation 

allegedly due to them for back pay and any related injuries and damages. These settlement 

payments are also being paid to Releasers to compensate them for the confidentiality 

obligations agreed to herein. EGS does not wa1rnnt or represent that EGS has independent 

knowledge that Releasers have suffered the damages that he claims in the Lawsuit. 

7. In further consideration of the release of liability and claims by Releasers in 

favor of EGS, within 10 business days of receipt of the Agreement executed by all 3 

Releasers, EGS will pay to their attorneys of record, Piekarski & Brelsford, 

P.C., to satisfy any attorney's fees and related costs. 

8. Releasers acknowledge that the settlement terms by EGS encompass a full and 

final settlement, and a full compromise and release for any potential or existing claims, for 

compensation, damages or otherwise, relating to Releasors' allegations in the Lawsuit and 

Releasers' employment with or separation from EGS. 

9. Unless the Agreement has to be enforced, or except upon the receipt of a lawful 

subpoena, Releasers and Releasers' heirs, executors and/or administrators represent and agree 

that the terms and conditions of this Agreement, all facts and circumstances regarding the 

Lawsuit and the final negotiations regarding this Agreement are strictly confidential and 

shall not in the future be disclosed, other than to Releasers' attorneys, close family members 

and financial advisors. Should Releasers discuss the terms and conditions of this Agreement 

with their attorneys, close family members or financial advisors, Releasers will notify each 

of them that they are also bound by the confidentiality obi igations. 

SETTLEMENT AGREE!\IENT AND RELEASE OF LIABILITY- Page 2 

Exhibit A

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10. Releasors do not seek, and hereby waive, reinstatement with EGS and agree 

that they will not seek employment with EGS in the future. 

11. This Agreement will not be construed as an admission of wrongdoing, or 

violation of any legal or contractual duty owed to Releasors by EGS or its officers, servants, 

· agents, employees, insurance carriers or attorneys. 

12. In the event that any party should breach any of the terms of this Agreement 

and it becomes necessary for the aggrieved party to obtain the services of an attorney to 

enforce the terms and conditions of this Agreement, then the losing party to any enforcement 

action shall pay all of the necessary costs and reasonable attorney's fees of the winning party 

to enforce the terms and conditions herein. 

13. This Settlement Agreement shall be governed by, and construed and 

interpreted in accordance with, the laws of the State of Arizona. 

14. Should any court or other regulatory body with competent jurisdiction, 

determine that this Agreement does not fully and finally discharge all claims or causes of 

action that could have been asserted by Releasors as expressed herein, Releasors agree to 

reform the Agreement to release any such claims not hereby released. In addition, should any 

court or regulatory body of competent jurisdiction determine that any portion of this 

Agreement is invalid or otherwise ineffective, the remaining portions of this Agreement shall 

survive and remain in full force and effect. 

15. Releasors enter this Agreement on a voluntary basis, and specifically 

· represent, by their signatures below, that they have not relied upon the promises or 

representations made by anyone connected in any way with EGS, except as specifically 

contained herein. 

16. In conformance with the Older Worker's Benefit Protection Act, Part Il, each 

Releasor who is 40 years of age or older understands and agrees that: 

a. He has had a reasonable time (at least 21 days) within which to consider this 

OWBPA Waiver before executing this OWBPA Waiver, even though he has 

the right to execute this Agreement before the 21-day period has expired; 

b. He may, on or before 7 days after executing this Agreement and agreeing to 

this OWBPA Waiver, rescind this OWBPA Waiver and no longer be bound 

by this OWBPA Waiver; 

c. He has read carefully and understands fully all of the provisions of this 

OWBPA Waiver; 

d. He is, through this Agreement and OWBPA Waiver, releasing EGS from any 

and all claims that he may have against EGS as of the Effective Date, 

SETTLEMENT AGREEMENT AND RELEASE OF LIABILITY- Page 3 

Exhibit A

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11/17/2016

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