Orange County Severance Agreement Attorney
Ideally, everyone would leave their job on their own terms. Unfortunately, it often doesn’t happen like this. When an employer is laying people off or needs to downsize for some reason, they often offer people severance packages as an incentive to get them to leave the job. In exchange for the package, they’ll usually request that you sign a severance agreement stating that you won’t sue them for any reason once you’re terminated. If you’re in this situation and you aren’t sure if it’s legal or a good deal, you should consider contacting an employment attorney. At Sessions & Kimball, we can help you figure this out. Contact the office of Sessions & Kimball by using our online contact form or call us at 800-774-7494 for a free consultation today.
Why You Need A Lawyer To Help Negotiate Your Severance Package And Agreement
If an employer is offering you a severance package and wants you to sign an agreement, it’s always a good idea to get input from a lawyer who has experience handling these types of agreements. In California, almost all severance agreements are legally valid and upheld by courts if the agreement was entered into voluntarily and the terms of the agreement are legal. This means even if the employer is getting a far better deal, the agreement will be upheld. Before agreeing to something that might not be in your best interest, contact Sessions & Kimball for a free consultation about your severance agreement.
What Is A Severance Package?
A severance package is a payment made to an employee by their employer at the time of their termination. You usually do not have a legal right to a severance package; it is provided by the employer to ensure that the employee is satisfied even though they’re being terminated or essentially forced to quit. Occasionally, an employee does have a right to a severance package. This occurs when the employee signed an employment contract in which the employer promised to pay a severance package at termination. If you believe you signed this kind of contract during your employment, you should have the employment contract and the severance package reviewed by an attorney before you sign the severance agreement.
What Is A Severance Agreement?
Generally, a severance package is offered as a way to ensure that an employee won’t file a lawsuit against the employer. When you receive your severance package, you usually sign a contract stating that you won’t sue them. This is called a severance agreement. Additionally, many severance agreements require that the employee not discuss the reasons for their termination or the terms of their severance package and agreement.
Common Rights That Are Waived By Accepting A Severance Agreement
By signing a severance agreement, in addition to giving up the ability to file a lawsuit against your employer, you may waive other rights. Some common rights you might give up when signing a severance agreement include:
- The right to discuss the terms of the package or agreement
- The right to discuss or share an employer’s trade secrets
- The right to say anything negative about your employer (non-disparagement clause)
- The right to share what led to your termination
- The right to sue for other known and unknown claims that may arise in the future
- The right to help other wronged employees bring claims against your former employer
Contact Sessions & Kimball For Help
At Sessions & Kimball, we will do everything in our power to make sure your severance package and agreement are as beneficial to you as possible. With over 100 years of combined experience representing employees, we are Orange County’s most experienced employee rights firm. Contact the office of Sessions & Kimball by using our online contact form or call us at 800-774-7494 for a free consultation today.