Exhibit 10.8(a)
GENERAL RELEASE AND SEPARATION AGREEMENT
(“AGREEMENT”)
I, Cornel Catuna, understand and agree to the terms of this Agreement between me and BJ’s Wholesale Club, Inc. (“the Company”).
1.Separation from Employment By signing below, I agree that my employment with the Company will end on July 2, 2018(“Termination Date”) and I will cease to be employed by the Company as of that date.From April 9, 2018 through the Termination Date, I will serve as an employee of the Company in a transitional role as determined by the Company’s President and Chief Executive Officer in his sole discretion.
2.Separation and Benefits I understand that by signing, returning and not revoking this Agreement within the time periods described below, after the Termination Date I will receive the pay and benefits described in Section 3.5 of that certain Employment Agreement between me and the Company, dated January 30, 2011 (the “Employment Agreement”), in accordance with the terms of the Agreement. In addition, any common shares of BJ’s Wholesale Club Holdings, Inc., or options to purchase the same held by me, shall be governed by the agreements under which such shares or options were granted.
a.Other Benefit Plans I understand that for benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) and equity or similar awards granted or assumed by the Company, my eligibility for benefits will be determined in accordance with the terms of the applicable plan or other governing documents. Nothing in this Agreement shall impair, diminish or interfere with any rights, privileges or benefits I have with respect to ERISA plans, equity award agreements or similar governing documents. Except as described above, I hereby withdraw my participation in any and all bonus or incentive plan(s) or program(s) and understand that I am not now nor will in the future be entitled to any payments under those plans.
b.No Other Payments I acknowledge that this Agreement does not include any form of compensation or benefits other than specifically described herein. I acknowledge that I am not eligible for any post-separation pay or benefits other than provided or described in this Agreement.
3.Release of ClaimsI, for myself, my heirs, administrators, executors and assigns, release the Company and its respective parents, divisions, subsidiaries, and affiliated entities, and each of those entities’ respective current and former shareholders, investors, directors, officers, employees, agents, attorneys, insurers, legal successors and assigns (the “Released Parties”), from any and all claims, actions and causes of action, whether now known or unknown, that I have, or at any other time had, or shall or may have against those Released Parties based upon or arising out of any matter, cause, fact, thing, act or omission whatsoever occurring or existing at any time up to and including the date on which I sign this Agreement, including, but not limited to, any common law or statutory claims relating to my employment or termination from employment such as claims of wrongful termination in violation of public policy or under any other theory, breach of contract, fraud, negligent misrepresentation, defamation, infliction of emotional distress, or any other tort claim; claims of discrimination or harassment based upon national origin, race, age, sex, disability, sexual orientation or retaliation under the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, the Americans With Disabilities Act, or any local law prohibiting discrimination; claims under the federal Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act or any other federal, state or local law, rule, regulation or ordinance that is applicable to my employment with the Company; or claims for vacation, sick or personal leave pay, short term or long term disability benefits, or payment pursuant to any practice, policy, handbook or manual of the Company. For the avoidance of doubt, this release includes any claims under the following laws: Massachusetts General Laws Chapter 151B and the Massachusetts Payment of Wages Act, Massachusetts General Laws Chapter 149.
4. Notwithstanding the foregoing, I understand that this release does not apply to any claims or rights that may arise after the date that I sign this Agreement and does not release: (a) any rights I have to defense and indemnification from the Company or its insurers for actions taken by me in the course and scope of my employment with the Company; (b) any rights I have under the Company’s expense reimbursement policies; (c) claims, actions, or rights arising under or to enforce the terms of this Agreement; (d) vested rights under the Company’s ERISA-covered employee benefit plans as applicable
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