Exhibit 10.14
SEPARATION AGREEMENT AND GENERAL RELEASE
This Separation Agreement and General Release ("Agreement") is hereby entered
into by Linda Reino ("REINO") and MedQuist Inc., together with its parents,
subsidiaries, divisions, affiliates, related companies, predecessors and
successors ("MEDQUIST").
1.
DEPARTURE DATE.
REINO'S EMPLOYMENT WITH MEDQUIST WAS TERMINATED
EFFECTIVE MAY 14, 2007 (THE "DEPARTURE DATE").
AS OF THE DEPARTURE DATE, REINO
WAS RELIEVED OF ALL TITLES, DUTIES, RESPONSIBILITIES AND AUTHORITY AS AN OFFICER
OF MEDQUIST.
2.
TERMINATION OF EMPLOYMENT AGREEMENT/SURVIVAL OF CERTAIN
PROVISIONS.
AS OF THE DEPARTURE DATE, REINO UNDERSTANDS AND AGREES THAT THE
AUGUST 10, 2006 EMPLOYMENT AGREEMENT BETWEEN REINO AND MEDQUIST (THE "EMPLOYMENT
AGREEMENT"), WAS TERMINATED, EXCEPT AS MAY OTHERWISE BE PROVIDED FOR IN THE
EMPLOYMENT AGREEMENT OR AS MAY BE REQUIRED BY OPERATION OF LAW.
WITHOUT
LIMITING THE FOREGOING, REINO UNDERSTANDS AND AGREES THAT THE COVENANTS AND
ENFORCEMENT PROVISIONS OF SECTION 4 OF THE EMPLOYMENT AGREEMENT SHALL REMAIN IN
EFFECT IN ACCORDANCE WITH THEIR TERMS.
A TRUE AND CORRECT COPY OF THE
EMPLOYMENT AGREEMENT IS ATTACHED HERETO AS EXHIBIT A.
3.
NO FUTURE MEDQUIST EMPLOYMENT.
REINO UNDERSTANDS AND AGREES
THAT:
(A) SHE HAS NO INTENTION OF APPLYING FOR AND WILL NOT APPLY FOR OR
OTHERWISE SEEK REEMPLOYMENT OR REINSTATEMENT WITH MEDQUIST; AND (B) MEDQUIST HAS
NO OBLIGATION TO REINSTATE, REHIRE, REEMPLOY OR HIRE REINO AT ANY TIME IN THE
FUTURE.
4.
CONSIDERATION.
IN CONSIDERATION FOR REINO ENTERING INTO THIS
AGREEMENT AND FULLY ABIDING BY ITS TERMS, AND ASSUMING REINO HAS NOT REVOKED THE
AGREEMENT AS DESCRIBED IN 18 BELOW, MEDQUIST AGREES TO PROVIDE REINO WITH THE
FOLLOWING CONSIDERATION:
(A)
SEPARATION BENEFITS.
THE SEPARATION BENEFITS SET FORTH IN SECTION
5 OF THE EMPLOYMENT AGREEMENT;
(B)
RESPONSE TO INQUIRIES.
MEDQUIST AGREES THAT, IN RESPONSE TO ANY
INQUIRIES REGARDING REINO'S DEPARTURE, IT WILL ONLY PROVIDE THE INFORMATION SET
FORTH IN MEDQUIST'S MAY 14, 2007 PRESS RELEASE REGARDING REINO'S DEPARTURE FROM
MEDQUIST, A TRUE AND CORRECT COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT B,
ALONG WITH ONLY CONFIRMING DATES OF EMPLOYMENT AND SALARY.
REINO SHALL DIRECT
ANY INQUIRIES TO DONNA JACK AT (856) 206-4905 OR DJACK@MEDQUIST.COM.
5.
NO OTHER COMPENSATION OR BENEFITS OWING.
REINO UNDERSTANDS AND
AGREES THAT, EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT AND AS MAY BE
REQUIRED BY THE EMPLOYMENT AGREEMENT, REINO IS NOT AND WILL NOT BE DUE ANY OTHER
COMPENSATION OR BENEFITS FROM MEDQUIST.
6.
RELEASE BY REINO.
IN CONSIDERATION OF THE COMPENSATION, BENEFITS
AND AGREEMENTS PROVIDED FOR PURSUANT TO THIS AGREEMENT AND THE EMPLOYMENT
AGREEMENT, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, REINO, FOR HERSELF
AND FOR ANY PERSON WHO MAY CLAIM BY OR THROUGH HER, RELEASES AND FOREVER
DISCHARGES MEDQUIST, AND ITS PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES,
DIVISIONS, AFFILIATES, RELATED COMPANIES, PREDECESSORS, SUCCESSORS,
OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES (THE "RELEASEES"), FROM
ANY AND ALL CLAIMS OR CAUSES OF ACTION THAT REINO HAD, HAS OR MAY HAVE, RELATING
TO REINO'S EMPLOYMENT WITH AND/OR TERMINATION FROM MEDQUIST, UP UNTIL THE DATE
OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS ARISING