Ventura Severance Agreement Lawyer

Ventura Severance Agreement Attorney

Losing your job can be an overwhelming and frustrating experience, but that doesn’t mean you can’t take something away from it. A life lesson, some fond memories, or possibly even a severance package. There’s a strong chance that you may not have another job lined up, so you may be counting on some sort of severance to keep you stable until you can find work. Unfortunately, it’s not a given in California. A Ventura severance agreement lawyer can represent your interest when negotiating a severance agreement.

What Is a Severance Agreement?

A severance agreement is a legally binding document that serves as a formal contract between you and your employer. This document lays out certain terms and conditions of an employee’s termination, with an emphasis on any potential severance pay or ongoing insurance benefits. In a severance agreement, you may be given certain perks in exchange for agreeing to some conditions, such as leaving your company amicably or agreeing to an NDA.

Many times, a severance agreement is given to you as a way to minimize your company’s public exposure. It is also meant to prevent you from taking legal action against them for wrongful termination or some other grievance. By signing the agreement, you may be signing away your right to take legal action against your employer if you feel you were mistreated or betrayed in some capacity. That’s only one aspect of what a severance agreement can include.

Under California state law, you will generally have five days to consider the severance agreement, have a lawyer look through it, and sign it before it is no longer valid. However, depending on certain additional complexities or the employee’s advanced age, you may be given more time to consider the agreement than you originally expected.

It is important to keep in mind that no California employer is legally required to provide their outgoing employees with any kind of severance package. It is entirely up to the discretion of your company. California is an at-will employment state, so any employer can fire their employees whenever they want without needing to provide cause. They are, however, required to provide you with all unpaid wages at the time of your termination.

What’s in a Severance Agreement?

A severance package could take many different forms, including a large check containing the total amount of unpaid wages you are owed. Generally, it is a calculated contract that’s designed to ease the legal pressure off your company after your termination, provided you agree to everything that’s in there. A good lawyer can determine if your severance agreement is negotiable or not. Here are some of the different elements that could be in your agreement:

• Confidentiality Agreements: Some companies work with privileged or top-secret information, such as personal data, classified government information, and even guarded recipes. As such, your company may rightfully assume that you have access to some closely guarded information, and they have to take steps to prevent that information from leaking out. The easiest way is to force you to sign a non-disclosure agreement (NDA) in exchange for severance.
• Health Insurance: A good severance package may allow you to remain with your company’s health insurance provider for a time, but there is never a guarantee that you will be afforded that luxury. Many times, they may provide you with information on how to deal with health insurance going forward, including information on the Consolidated Omnibus Budget Reconciliation Act (COBRA) and your continued coverage.
• Various Legal Documents: Two of the most important elements of a severance agreement for your employer are a General Release of Claims form and a Covenant Not to Sue. By signing these documents, you are waiving your right to take legal action against your company. Your severance may be conditional; without signing these, you may not get anything.

FAQs About Ventura, CA Severance Agreement Law

Q: Should I Hire a Lawyer to Negotiate My Severance?

A: Yes, you should seriously consider hiring a lawyer to negotiate your severance, especially if your offer is significant but dependent on multiple conditions. In the event of a termination with severance, you may want to maximize your potential payout, and an experienced severance agreement lawyer can do just that. A lawyer can provide you with legal advice and point out any areas in the agreement where your employer is breaking the law.

Q: How Much Are Legal Fees for Wrongful Termination?

A: The amount you may have to pay in legal fees for a wrongful termination case will depend largely on the details of your situation, including the difficulty of your case, your lawyer’s experience and education, and how long it takes to finalize a settlement. Many lawyers may charge on a contingency fee basis, meaning you only have to pay them if they win your case.

Q: How Much Does It Cost to Have a Lawyer Review an Employment Contract?

A: The amount a lawyer charges you to review an employment contract will depend entirely on the lawyer, their rates, and the difficulty of your specific case. Generally, since going over an employment contract is not an ongoing task, but a singular one, they may charge you a flat rate, to be determined at the discretion of the lawyer.

Q: Should I Tell My Employer I Have an Attorney?

A: Yes, it is generally accepted that you should notify your employer that you have hired a lawyer to look over your severance agreement. It’s standard practice to have a legal professional look over an agreement and determine if you are being taken advantage of. If you are concerned that there might be legal or ethical problems with your severance agreement, a good lawyer can sort that out.

Reach Out to a Severance Agreement Lawyer Today

Losing your job so suddenly can feel like a betrayal, and it’s understandable to want some sort of compensation for the time you put into your company. If you are offered a severance package, you may just want to take it and not look back. However, you should consider having a lawyer look into it, just in case. At the Law Offices of Corbett H. Williams, we can determine the legality of your severance. Contact us to speak with a team member today.