Los Angeles Severance Agreement Lawyer

Los Angeles Severance Agreement Attorney

Losing your job can be an infuriating, unfair, and confusing situation to find yourself in, especially if you didn’t know it was coming and you didn’t have anything lined up as a replacement. If you are lucky enough to be offered a severance agreement, you may feel like what you are offered is enough to keep you in a comfortable situation. Still, it is wise to have an experienced Los Angeles severance agreement lawyer look over the agreement for you.

What Is a Severance Agreement?

A severance agreement is a legally binding contract between your former employer and you that outlines the various conditions of your termination, particularly your possible ongoing benefits and severance pay. A severance agreement may outline what you will receive in exchange for agreeing to certain stipulations set forth by the company. Every severance agreement is different and will change depending on the needs of your employer.

Most of the time, a severance agreement is in place to protect the company from any legal action you might be willing to take against them. Part of your agreement might prohibit you from making any sort of legal claim against the company, even for wrongful termination. That’s why you should have a lawyer look over your agreement. You might not agree with every demand.

California employers are not required to provide severance, as it is an at-will state for employment; however, your employer is legally required to pay you all the wages you are owed under your current position. If your employer does offer you a severance package, those wages will likely be included, as well as reimbursement for unpaid vacation time or an extension of your health insurance, depending on the agreement.

A severance package is usually somewhat negotiable, especially with a lawyer’s assistance.

Potential Conditions in a Severance Agreement

You may envision a severance agreement as a final check and a handshake for many faithful years with the company, but that’s not generally the case. A severance agreement is really a carefully calculated contract designed to protect your employer in the event that you feel wrongfully terminated and wish to strike back against them.

The agreement usually outlines everything you can’t do if you sign it. Here are some elements that might be included in your severance agreement:

• Confidentiality Agreement: If you work for a company that deals with a lot of sensitive information, such as customer information or trade secrets, you will likely be required to sign some sort of confidentiality agreement, such as a non-disclosure agreement (NDA). When you sign an NDA, any sharing of company secrets, particularly with a rival company, could damage the company and result in legal action against you.
• Health Insurance Benefits: One of the most potentially upsetting losses when it comes to termination is your health insurance benefits. Depending on your severance agreement, you may be offered information on how to keep your health insurance benefits for some time. There may be information regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA), among other possibilities for your insurance.
• General Release of Claims: Your severance agreement may include a standard General Release of Claims and a Covenant Not to Sue. These documents are in place to protect your employer from legal action by making it nearly impossible for you to take any legal action against them. Generally, this is done to prevent a wrongful termination claim.

FAQs

Q: How Can You Negotiate Severance in California?

A: There are many ways you can negotiate severance in California. First and foremost, you should speak with a severance agreement lawyer who can help you look over your agreement and figure out what you should negotiate for. Make sure you carefully review your severance agreement and point out any confusion or unfair treatment. Your lawyer can help you make sense of the agreement and all of the terms your employer included.

Q: What Is the Waiting Period for a Severance Agreement in California?

A: In California, the minimum waiting period for a severance agreement is generally five days, though this is not a guarantee. Certain factors unique to each case may result in a longer waiting period, such as the nature of the employee’s termination and the employee’s age. Employees who are at least 40 years old must be given a minimum of 21 days to consider the severance agreement. After signing, they then have seven days to reconsider and revoke their agreement.

Q: What Is the Average Severance Pay in California?

A: There is no way to discern what the average severance pay might be in California. Every company is going to offer a different amount in severance that they feel is appropriate. California does not require any company to offer severance at all, so there’s never a guarantee that you will be offered a severance agreement. Generally, severance is two weeks of pay per year of service, but that is also subject to change at the company’s discretion.

Q: Are Companies Required to Provide Severance Pay?

A: No, companies are not required to provide severance pay in California since California is an at-will employment state. Regardless of how your position was terminated, your company does not have to offer you any sort of severance. If severance is included in your employment contract, however, they must honor that pre-existing agreement. Otherwise, you could take action against them for a breach of contract with the help of a lawyer.

Reach Out to a Severance Agreement Lawyer Today

Being terminated can feel like being singled out, especially if it is not your fault in the slightest. A decent severance package can reflect years of faithful service and could be something you are totally comfortable with. If you are not comfortable with your severance offer, you should consider reaching out to a severance agreement lawyer who can help you figure out a plan.

The legal team at the Law Offices of Corbett H. Williams can help you make a decision regarding your severance agreement. Contact us to speak with a valued team member and schedule a consultation.