California Severance Agreement Lawyers
Employee Rights Litigation For California
Many people feel fortunate to be offered a severance agreement when their employer eliminates their position. What people often forget, though, is that a severance agreement is a contract. Employers don’t just offer to continue to pay a salary unless they are getting something in return.
If you have a severance agreement on your desk, make sure you know what you are signing. The lawyers at Jay S. Rothman & Associates review severance agreements for employees throughout California. We represent workers, not employers, and can review your agreement by phone and digital document review, so you do not need to live near our Woodland Hills office.
We represent workers, not employers, and can review your agreement by phone and digital document review, so you do not need to live near our Woodland Hills office.
What Should You Watch For In A Severance Agreement?
A severance agreement may offer continued pay or benefits, but it may also place limits on what you can do after leaving your job. Before you sign, review the agreement carefully to understand what you may be giving up and what obligations you may have after employment ends.
Some things to watch for include:
- Does your severance agreement prohibit you from working for a specific competitor for a stated length of time? California Business & Professions Code Section 16600 generally voids employment non-compete provisions, but employers may still attempt to include them in severance agreements.
- Does your severance agreement contain any language that may hinder your opportunities for finding future employment?
- Does the agreement try to prohibit you from working in your profession for any type of business or industry?
- Does your agreement try to prohibit you from starting your own business in the related specialty area or working as an independent contractor?
- Will your agreement prohibit you from accepting any kind of temporary or permanent work while you are receiving compensation?
- Does the agreement tax your severance pay as a lump sum bonus, or will it be taxed as the usual payroll deduction rate?
- Will you continue to receive a matching contribution to your 401(k) or pension over the course of the severance pay?
- Will your employer try to block unemployment benefits following your severance pay period?
A careful review can help you understand these terms and identify provisions that may affect your rights before you sign.
Experience You Can Put To Work
With more than 50 years of experience representing employees, we understand the concerns that can come with signing a severance agreement. Attorneys Jay S. Rothman, Tim Kearns, Jeff D. Neiderman and Mary Jean Sumell represent workers throughout California. We represent employees, not employers, in employment matters.
Our Woodland Hills office serves employees statewide, so you do not need to live nearby to have your severance agreement reviewed. We can discuss your situation by phone and review your agreement digitally, making it easier to get legal guidance wherever you are in California.
Common Questions About California Severance Agreements
Severance agreements can contain terms that affect your pay, benefits, future employment and legal rights. Here are answers to some common questions employees may have before signing.
Can my employer enforce a noncompete clause in my California severance package?
Generally, no. California Business & Professions Code Section 16600 generally makes employment noncompete clauses void, but employers may still include these provisions in severance agreements. If you work for an out-of-state employer, our team can review the agreement before you sign it.
Do I need to live near Woodland Hills for you to review my severance agreement?
No. We represent employees throughout California, so you do not need to live near our Woodland Hills office. We can discuss your agreement by phone and review the document digitally.
Will signing this agreement waive my right to sue for wrongful termination?
A general release may waive certain claims. Before signing, make sure you understand which rights you may be giving up, including your ability to sue for wrongful termination, or make claims against employee retaliation.
Before You Sign, Call A California Severance Negotiation Attorney
If you are unsure of what the expectations are if you accept the severance agreement, you need to see us first. We will help you understand the terms of the agreement and maximize your benefits.
Call 855-239-0102 or use our contact form to submit an email regarding your case. We offer a free consultation, and we advance all costs of investigating, preparing and litigating your case.