Regardless of whether or not you are leaving a job on your own terms, the process can be challenging, disheartening, and stressful. Often to make having to fire or lay off someone a less stressful situation for the employee involved, a company will offer a severance agreement. Most people are thankful when they receive a severance package as it helps them transition from one job to the next without suffering extreme financial burdens.
However, it is still important to note the severance agreement requirements. You also need to be as informed as possible about what severance packages are and the legalities associated with them. A California severance pay lawyer can help you understand your severance package contract before you waive away your rights. At Minnis & Smallets, we strive to help our clients understand their severance package agreements so that they are not taken advantage of by their employers.
In simple terms, a severance agreement is a contract that an employer might ask an employee to sign if they are terminating the employee’s position. Usually, a severance agreement will offer an employee a certain amount of money, but the employee will have to waive or give up certain rights.
In California, severance agreements are not compulsory, but many employers choose to use them. This is because California is a state that has laws that allow employees to sue their employers for a multitude of legal violations. Often the best way for employers to negate potential workplace lawsuits is to offer severance agreements.
It’s important for you to always keep in mind that in most instances, severance agreements are legally valid and binding and that a court will uphold them if the contract was entered into voluntarily. That’s why it’s crucial to discuss your severance agreement with an attorney before signing it, as your employer could be getting a better deal.
In a severance agreement in California, only claims for civil violations and not crimes can be legally waived. A few of the most commonly waived legal rights in California severance agreements include:
Due to the above, signing a severance agreement may not always be the right decision. Before signing anything, review the documents alongside a trusted attorney.
In January of 2019, new laws and requirements came into effect that affect severance agreements in California. We have listed below the important requirements you should note before entering into a severance agreement with your employer.
Severance agreements can be incredibly complex and often have hidden clauses that might not make much sense to those without legal knowledge. That’s why it’s crucial you consider contacting a California severance pay attorney. At Minnis & Smallets, we have years of experience reviewing severance agreements. Should you want to understand your severance agreement or ensure your rights are not being violated, you should consider contacting us.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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