Palm Springs Severance Agreement Lawyer

Palm Springs Severance Agreement Attorney

Nobody likes losing their job. Losing that kind of security can be overwhelming, especially if you aren’t given a lot of notice and don’t have another job lined up for the immediate future. In cases where you are fortunate enough to be offered severance pay, you may be grateful for the thought. It’s possible, however, that your severance agreement may have certain stipulations that could make things difficult for you. A Palm Springs severance agreement lawyer can help you.

What Are Severance Agreements?

Some jobs may come with a severance agreement upon termination, depending on your employer and the amount of time you have spent working for them. Severance agreements are essentially legally binding contracts between an employee and an employer that list out certain terms that you must agree to in order to collect severance pay. These agreements are largely in place to protect your former company.

Severance agreements mostly exist to benefit employers by protecting them from a certain degree of legal action they may be expecting from recently terminated employees. After all, getting fired can be an emotional moment that some employees understandably take personally. Your severance agreement may contain some non-negotiable stipulations that keep you from pursuing any kind of legal action against your employer, including wrongful termination.

You should keep in mind that California is an at-will employment state, which means that California employers can terminate employees whenever they want. They don’t need to provide any notice or any sort of severance package. It is entirely up to the wants, needs, and discretion of the employer if they want to provide recently terminated employees with severance pay or an agreement. If you feel your agreement is unfair, you should consider speaking with a lawyer.

Under the California Labor Code, your employer is legally required to provide you with all of the wages that you are owed at the time of your termination. Withholding any wages from you can be considered wage theft. If this happens, seek out an employment lawyer as soon as possible.

In addition to owed wages, your severance package may also include reimbursement for your unused sick or vacation days and a possible extension of your health insurance.

What Could Be in Your Severance Package?

When you think of a severance agreement, you may picture a farewell check and an uncomfortable conversation about your termination. Your severance agreement will likely include a certain amount of severance pay, but the agreement itself is a contract between you and your employer that guarantees you won’t hold them accountable in a court of law for any bad blood that might exist. Here are some other items that could be included in your severance agreement:

• Non-Disclosure Agreement: This is not a guarantee with every workplace, but certain companies have to maintain a certain level of confidentiality, particularly regarding client or customer information and trade secrets. If you are privy to certain knowledge that could make things difficult for your employer if it got out, they may require you to sign a non-disclosure agreement (NDA) or confidentiality agreement before leaving.
• Health Insurance Benefits: One of the worst parts of losing your job can be losing your health insurance as well. Depending on the agreement offered to you by your employer, they may allow you to continue your health insurance coverage for a time while you seek out new employment. Your agreement will likely include information about the Consolidated Omnibus Budget Reconciliation Act (COBRA) as well.

FAQs

Q: What Should I Know Before Signing a Severance Agreement?

A: There is much you should know before signing a severance agreement. First and foremost, you should know every way that signing the agreement is going to affect your life going forward. Reaching out to an experienced severance agreement lawyer can provide you with this information and prepare you to address everything in the agreement that you feel is unfair or unacceptable. You shouldn’t sign anything until after you have talked to a lawyer.

Q: How Long Does an Employee Have to Review a Severance Agreement in California?

A: In California, an employee has a minimum of five business days to review a severance agreement if the employee is under 40 years old. If the employee is 40 or older, they have 21 days to review the severance agreement. This waiting period gives employees time to look over every aspect of the agreement, consult with an employment lawyer to make a decision, and make sure they aren’t going to be taken advantage of.

Q: Is a Severance Agreement a Settlement Agreement?

A: In many ways, a severance agreement can be considered a form of settlement agreement. Both documents are legally binding contracts in which an employee agrees to waive certain rights, such as the right to take legal action, in exchange for some level of compensation. The main distinction is that a settlement agreement is usually made after a specific legal claim has already been made by the employee.

Q: Can I Negotiate My Severance?

A: Yes, you are legally allowed to negotiate your severance. Your ability to negotiate may depend on a number of important factors, such as any trade secrets you may be aware of or other forms of leverage your company may be concerned about. For help with negotiating, you should consult with a severance agreement lawyer. They understand what’s at stake for you and how to approach these negotiations with your interests in mind.

Reach Out to a Severance Agreement Lawyer Today

It can be infuriating to find out that you are going to lose your job. You may feel a degree of resentment towards your former employer, which is perfectly understandable. If your severance agreement is not to your liking, you may want to consider reaching out to a severance agreement lawyer to work on negotiating the terms of the agreement.

The legal team at the Law Offices of Corbett H. Williams can help you come up with a strategy for negotiation and make sure you aren’t taken advantage of by your former employer. Contact us today to discuss your case with one of our team members.