A severance agreement is a legal document that outlines the terms of an employee’s departure from a company. It typically includes details such as wages, benefits and other obligations that an employer must provide to the employee upon separation.
To avoid legal action from the employer, most severance packages offer employees monetary compensation known as “severance pay”. In return, workers must waive their right to sue. Don’t sign a severance agreement without fully understanding the implications of what you are signing.
By signing a severance agreement, you are relinquishing your legal rights against your employer; this is binding in California and cannot be altered or undone once the contract has been signed. As such, it is vital that you speak with a California employment lawyer before signing any severance agreement.
The attorneys at Eldessouky Law have the experience and understanding of California’s labor laws to help you review your severance agreement. Our attorneys are experienced trial attorneys.
It’s important to work with a trial attorney when negotiating a severance package. A trial attorney will understand:
- If you have a valid claim against your employer
- Whether or not you have a right to demand additional compensation
- Whether or not the agreement is fair and reasonable
- The next steps you need to take in order to protect your rights should it be in your best interest to deny the agreement
- What it will take to file a lawsuit and obtain a judgment or award if necessary
If you need help understanding your severance agreement and deciding whether or not to sign it, the severance agreement attorneys at Eldessouky Law can help. Contact us today to learn more about your rights and options.
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What is a Severance Agreement in California Employment Law?
In California employment law, a severance agreement is a legally binding written contract between an employer and an employee who is about to be terminated. The worker usually surrenders their right to sue the company in the agreement, and as compensation, they are given severance pay.
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Why You Should Hire a Severance Agreement Lawyer to Protect Your Interests in California
Hiring a lawyer who has experience in understanding and negotiating severance agreements can safeguard your personal interests and improve the settlement you receive. When you have a skilled attorney representing you, you’ll have a much better chance of negotiating a more favorable deal than if you were on your own.
Layoffs and potential wrongful terminations are difficult for employees to process, especially on their own.
You do not have to go through this alone! The severance agreement attorneys at Eldessouky Law can help you navigate your California severance agreement.
Attorney Mohamed Eldessouky is dedicated to helping employees understand their rights in these situations.
Should I Sign My Severance Agreement?
If you have been offered a severance agreement during a layoff, it is important to carefully consider all of the implications before signing. Depending on the circumstances of your layoff, you may want to negotiate the terms of the severance agreement or even seek professional legal advice from an attorney.
In general, if you are laid off as part of a mass layoff, the terms of the severance agreement should be very clear and beneficial to you. However, if you were singled out for a layoff or termination, there may be foul play involved and you should take extra precautions when it comes to signing the severance agreement. There is a difference between layoffs and termination so it’s important to understand what situation you’re in. Often employers will characterize a wrongful termination as layoff and offer a severance agreement for personal gain.
Employers may use severance agreements to prevent legal disputes and tie up loose ends, especially if they are in violation of employee rights.
For example, if you are laid off and there are no signs of a large-scale layoff within your company and your employer is offering you compensation in exchange for signing a severance agreement, this could be a sign that they are trying to cover up the violation of labor laws and protect themselves from potential lawsuits.
Don’t sign a severance agreement without fully understanding the implications of what you are signing.
IMPORTANT: Signing a severance agreement means you’re forfeiting all your legal rights against your employer. In California, this agreement is binding, and there’s no going back once it’s signed. Protect your rights and make sure you know what you’re signing.
A California employment attorney can help you understand the terms of your severance agreement, as well as provide other advice. You can contact our office by either calling 714-409-8991 or by filling out one of our online contact forms.
Not All Attorneys Are the Same
Not all attorneys are made equal. When setting up a consultation with an employment attorney, it is in your best interest to consult with an experienced trial attorney.
A trial attorney will understand:
- If you have a valid claim against your employer
- Whether or not you have a right to demand additional compensation
- Whether or not the agreement is fair and reasonable
- The next steps you need to take in order to protect your rights should it be in your best interest to deny the agreement
- What it will take to file a lawsuit and obtain a judgment or award if necessary
If you need help understanding your severance agreement and deciding whether or not to sign it, the experienced trial attorneys at Eldessouky Law can help. Contact us today to learn more about your rights and options.
Signing a Severance Agreement Is Legally Binding
Signing a severance agreement typically includes accepting a general release of all claims, which means if you sign this agreement, you cannot pursue any legal claims like wrongful termination in the future.
Your future goals need to be considered before signing any severance agreement. Our law firm will help you understand the specific conditions of your agreement and explain the advantages and disadvantages of signing.
Often, these agreements need to be signed within a few days. We understand the time constraints and the importance of reviewing all options before making a decision. We will carefully review your agreement and provide honest and valuable advice about the next steps to take in your specific situation.
Contact Us To Discuss Your Severance Agreement
We represent employees throughout California.
Do not wait to contact us to start discussing your situation. Our California employment attorney will provide personal attention and confidential advice you can trust.
Call us at 714-409-8991 to schedule a free case evaluation.