Orange County Severance Agreement Lawyer

Orange County Severance Agreement Attorney

If you’re facing termination and have been offered a severance package, it’s crucial to consult with an Orange County severance agreement lawyer. A severance agreement is a legally binding contract between an employer and an employee that outlines the terms and conditions of pay and benefits after termination.

Having the Law Offices of Corbett H. Williams review your severance agreement can help ensure your rights are protected and that the terms are not only fair but in your interest.

What Is a Severance Agreement?

A severance agreement is a contract that offers employees certain benefits in exchange for agreeing to certain conditions when leaving a company. These benefits may include financial compensation, continued health insurance, or assistance in finding new employment.

In many cases, employers offer severance agreements to minimize legal exposure, particularly if there is a risk of wrongful termination claims or other disputes.

Severance agreements typically include a waiver of the employee’s right to sue the company for wrongful termination, discrimination, or other employment-related claims. It’s essential to understand what rights you are giving up before signing.

The Importance of Legal Review

Many employees assume that severance agreements are non-negotiable, but that is not always the case. Employers may be open to negotiating terms, especially if the employee has legal grounds to challenge the termination.

Our attorneys can help you understand the terms of your agreement, negotiate for better conditions, and protect your rights. Severance agreements can be complex, and the terms might not always be in your favor. Our lawyers can review the contract for issues such as:

• Ensuring that the severance pay is fair and adequate for your situation.
• Evaluating whether continued health insurance or other benefits are appropriately provided.
• Non-compete clauses. Identifying whether there are any restrictive covenants that could limit your future employment opportunities.
• Identifying if you are being asked to waive your rights to pursue certain claims against the employer.

Negotiating a Severance Package

Contrary to what many believe, severance packages are often negotiable. If you believe the offer you’ve received is inadequate or unfair, our attorneys can help you negotiate better terms. In some cases, employers are more willing to negotiate severance terms to avoid potential legal battles or maintain a positive relationship with departing employees.

Our lawyers can also help draft or modify clauses in your severance agreement to protect you from unfavorable terms.

California Severance Agreement Laws

California employment laws impose certain regulations on severance agreements, particularly regarding the rights of employees. Understanding the specific legal landscape in California is essential for ensuring that your severance package meets legal requirements.

Additional restrictions were recently added to California’s severance agreement laws, making severance in exchange for waiving an employee’s labor law rights illegal.

If your severance agreement includes such language, contact the Law Offices of Corbett H. Williams so we can review your severance package and make sure it’s compliant with the latest regulations.

Protecting Your Rights

Navigating a severance agreement can be a challenging and overwhelming experience, especially after facing termination. Having an Orange County severance agreement lawyer on your side can provide you with the legal guidance needed to secure a fair severance package. Whether you’re seeking to negotiate better terms, ensure compliance with California’s laws, or simply understand the rights you’re giving up, an experienced attorney can help.

If you’ve been offered a severance package in Orange County, California, our attorneys can help ensure that you aren’t accepting unfavorable terms or giving up important rights without understanding the consequences.

In some cases, employers may use severance agreements to mask wrongful termination or avoid legal cases related to discrimination, harassment, or retaliation. We can review your case and advise you on the most beneficial course of action to protect your interests.

FAQs

Q: What Is the Rule of 70 for Severance?

A: The “rule of 70” is a formula that some companies use to determine severance pay based on the employee’s age and years of service. Under this rule, severance benefits are calculated by adding the employee’s age to their years of service. If the combined total equals or exceeds 70, the employee might be eligible for enhanced severance benefits. While not all employers are required to use this formula, it can provide a more favorable severance package to long-serving employees.

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

A: As of January 2022, California has a new law governing severance agreements, particularly around confidentiality and non-disparagement clauses. The new law restricts employers from including non-disparagement clauses that prevent employees from discussing illegal acts in the workplace, such as discrimination, harassment, or retaliation. The law also requires that severance agreements include language notifying employees of their rights to speak about unlawful workplace activities.

Q: Can I Negotiate My Severance Agreement?

A: Yes, you can negotiate your severance agreement, and it is often advisable to do so. Employers may initially offer a standard severance package, but it may not be the most favorable option for you. With the help of our legal team, you can negotiate better terms, such as increased severance pay, extended health benefits, or the removal of restrictive non-compete clauses.

Q: What Is a Fair Severance Package?

A: A fair severance package can vary depending on several factors, including the length of your employment, your role in the company, and the terms of your employment contract. At a minimum, a fair severance package should include sufficient pay to cover your transition period, continued benefits, and reasonable terms regarding non-compete clauses or other restrictions.

Contact an Orange County Severance Agreement Lawyer

If you feel that your severance package is inadequate, the Law Offices of Corbett H. Williams can assist you in pursuing legal action or negotiating a more equitable agreement.

Don’t hesitate to reach out to discuss your severance agreement and ensure you’re making the right decision for your future. A well-negotiated severance package can make a significant difference as you transition out of your current employment and into the next phase of your career. Contact us today to schedule a consultation so you can move forward with peace of mind.