Los Angeles Severance Agreement Lawyer
We represent employees across all industries, including professional, executive, hourly employees and medical providers during successful severance negotiations. Please reach out to us for a free consultation. Helping people navigate through difficult situations is the rewarding part of our job and we welcome the chance to be part of your journey.
What we do as Severance Attorneys
As severance agreement lawyers here in Los Angeles, our first step is to learn about you and your unique situation so that we can tailor a legal strategy that fulfills your goals. Depending on your individual needs and goals, we will:
- Effectively and aggressively represent you to ensure that you obtain the best and maximum outcome during severance negotiations.
- If you received a severance offer, we can negotiate a much better severance agreement with more compensation and benefits.
- Negotiate better terms favorable to you and customize the terms to your specific needs and industry.
- If you did not receive a severance offer or a severance package upon termination, we can reach out to your Employer and incentivize and initiate severance negotiations.
- If you are currently working but wish to leave your job due to a hostile work environment, unlawful harassment, discrimination or retaliation, we can also approach your Employer about an exit package. We will help you leave on your own terms with dignity.
- Review severance agreements to help you understand your legal rights, obligations, and options upon termination.
- Represent you during private mediation.
- Help you decide whether you should pursue a confidential resolution or file a lawsuit.
- Remain available and responsive every step of the way.
We specialize in employment law matters only. This allows us to provide the best representation and keep abreast of developing California employee rights and wage and hour laws, which are vast and nuanced.
What are the Red Flags in a Severance Agreement?
Waiver of Claims including Unknown Claims: An employer is not required to offer you severance pay upon termination. Employers do not offer severance pay out of the goodness of their hearts. Instead, severance pay is offered in return for a waiver of all known and unknown claims and damages. Without speaking to an attorney, you will not know if the money the employer is offering you is fair and how it compares to the value of the claims and damages you are giving up in return.
California employee rights and wage and hour laws are vast and nuanced and provide for generous recovery and penalties. The same sequence of events or acts can give rise to multiple theories of liability.
You Do Not Understand the Agreement: A Severance Agreement must be written in a manner calculated to be understood by the employee. It likely includes various conditions and obligations. If you sign, you may be held liable for breaching the Agreement. If a Severance Agreement is not written in a clear way, the Employer may be masking obligations and conditions that you may not otherwise agree to.
One-Sided: The Agreement is not mutual. For example, it may require you to refrain from speaking negatively or disparaging the Employer but fail to offer you the same protections and peace of mind.
Consideration: The Employer is offering you money or something of value that you are already entitled to, e.g. vested benefits, unused PTO, owed wages, etc.
Right to Indemnification: Any Severance Agreement that requires you to waive rights under Lab. Code, § 2802, which requires employers to indemnify you for liabilities arising from acts within the scope of employment, is contrary to public policy.
Admissions: The Agreement requires you to admit fault or misconduct or asks you to concede that the Employer did not violate the law. There is no legal reason to include such terms.
Enforceability: The Agreement has no teeth. There must be an effective mechanism to enforce the Agreement.
Penalties: The Agreement requires you to pay hefty fees for breach.
Time Pressure: Employer is insisting that you sign without giving you time to adequately review and seek a consultation.
Unreasonable Conditions and Obligations: A Severance Agreement is a contract that can be written to include any terms including terms that hinder your future success and prevent you from working.
This is not a complete list of Red Flags. The Severance Agreement presented to you was likely prepared by your Employer’s attorney who owes a duty of loyalty to your Employer only and must act in the best interest of your Employer. You may be at a significant disadvantage if you proceed on your own. Human Resources and In-House Counsel are paid to protect the Company, not you.
What to Do if You Received a Severance Agreement After a Wrongful Termination of Employment
If you experienced wrongful termination, do not sign without first reaching out to our severance agreement attorneys in Los Angeles for a consultation. The next steps including but not limited to how you complete your Unemployment Insurance Application or apply for any disability benefits may be crucial.
Can I Sue After Signing a Severance Agreement?
If your Severance Agreement includes a proper release of claims, generally no you cannot sue unless you can show that the Agreement was obtained by fraud, duress, or undue influence. However, employees over 40 years of age may not waive any right or claim under the ADEA or the Older Workers Benefits Protection Act unless they receive 21 days to consider the agreement, followed by at least seven days to revoke the Agreement. See 29 CFR 1625.22.
Moreover, there are certain claims and remedies that cannot be waived in a Severance Agreement.
Contact a Los Angeles Severance Agreement Attorney Today to Receive a Bigger and Better Severance
We start with a free consultation to learn about you and the circumstances that have given rise to the Severance Agreement or your desire to seek a Severance Agreement. We will discuss potential options and grounds for seeking additional severance pay and benefits to help you decide how to proceed. Throughout the entire process, we will remain in touch and implement a strategy intended to fulfill your goals and help you move on to better opportunities.
