Long Beach Severance Agreement Lawyer

Long Beach Severance Agreement Attorney

If you are about to be terminated at work, you may be going through a lot of different emotions. You’re likely angry, confused, isolated, and probably a little scared if you don’t have another job lined up for your immediate future. If you are fortunate enough to be offered a severance package from your employer, you should consider consulting with a Long Beach severance agreement lawyer before making a decision. It’s possible you could be taken advantage of.

What Is a Severance Agreement?

A severance agreement is a legally binding contract between an employer and an employee that details the various terms and conditions of the employee’s termination, particularly severance pay and potential ongoing benefits. A severance agreement outlines certain benefits and perks that you may receive in exchange for agreeing to the conditions for leaving your company quietly or amicably, depending on the agreement.

Oftentimes, a severance agreement will be in place to minimize a company’s legal exposure and may prohibit you from taking legal action against the company after you are let go. That’s just one of many potential aspects of a severance agreement that could be in place.

No employer in California, which is an at-will employment state, is required to provide terminated employees with a severance agreement. They do, however, have to provide all the wages the employee is due upon their termination, as per the California Labor Code. If your employer provides you with a severance agreement, this will likely be a part of it.

While you may assume that a severance package is non-negotiable, that is not always the case. You should consider reaching out to a severance agreement lawyer who can inform you of just how negotiable your exit contract may be.

What Could Be in a Severance Agreement?

A severance package is not just a big check that signifies an appreciation for years of faithful employment. In fact, it is a calculated contract designed to take legal and financial pressure off the company by making sure you agree to certain demands that won’t hurt the company upon your termination. This includes possible clauses that state you won’t work for a competitor or bad-mouth the company on social media.

An effective lawyer can help make your severance a win for you and go over the agreement, which may include the following elements:

• Health Insurance: A decent severance package will likely have some information regarding how to handle your health insurance now that you are no longer working for the company that may be providing it to you. Your severance may include information regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA) and how long your coverage may continue.
• Confidentiality Agreement: Depending on the company you work for and your position within that company, you may be privy to your fair share of confidential information. Should you share that information with any of the company’s competitors, it could result in severe issues for the company. A severance package may come with a standard non-disclosure agreement (NDA) that you must sign in exchange for the full package.
• General Release of Claims: Your severance agreement will likely contain a General Release of Claims form, as well as a Covenant Not to Sue. These documents prevent you from taking any legal action against the company, with a likely focus being on a wrongful termination claim.

FAQs

Q: What Is a Reasonable Severance Package?

A: A reasonable severance package is going to be subjective. What’s reasonable to one employee may be considered unreasonable to another. For the most part, a decent severance package should include an amount in severance pay that’s reasonable to you, a payout of unused vacation time, an extension of your health insurance coverage, and various legal documentation that covers your employer. A lawyer can look over your agreement and ensure it’s fair to you.

Q: What Claims Cannot Be Waived in a Severance Agreement?

A: In California, there are certain claims that cannot be waived in a severance agreement. This includes any claims related to workers’ compensation benefits, unemployment benefits, unpaid wages owed to you by the company, and any rights you have to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC). You legally cannot give up your ability to pursue these claims even if you sign the agreement. They are protected by state law.

Q: Can You Negotiate Severance Without a Lawyer?

A: You technically do not need to hire a lawyer to negotiate your own severance package with your employer; however, it can be helpful. You may not know what you are trying to evaluate, and your company may attempt to take advantage of you. Having someone in your corner who understands the law and can provide you with professional help can only benefit you in the long run. A lawyer can help protect your interests.

Q: What Is the New Law for Severance Agreements in California?

A: Recent legislation signed into law in 2021 requires that all employers who offer terminated employees a severance package must give those employees at least five days to review the agreement and consult with a lawyer. This legislation also prevents employers from trying to restrict employees from discussing discrimination or harassment claims in their agreements. If offered a severance agreement, you should have a lawyer look over it.

Reach Out to a Severance Agreement Lawyer Today

Nobody likes getting fired. It can feel like a betrayal and leave you a bit unprepared to go back into the job-hunting world. A severance agreement can make you feel like you were valued, but if your employer tries to use it to take advantage of you, you could lose out on a lot that you might’ve been owed. That’s where a severance agreement lawyer comes in.

The legal team at the Law Offices of Corbett H. Williams can assure you that your severance agreement is being looked at by professionals who understand what to look for. They can help you increase your severance pay, avoid signing any problematic legal documents, and make sure your interests are protected. Contact us to schedule a consultation soon.