Los Angeles Severance Agreement Lawyer
We represent employees across all industries, including professionals, executives, hourly employees, and medical providers, in severance negotiations throughout Los Angeles and Beverly Hills. Whether you’ve received a severance offer or want to negotiate an exit package, our attorneys can review your legal claims, negotiate additional compensation and benefits, and identify terms that could affect you after leaving your job. Please reach out to us for a consultation.
What we do as Severance Attorneys
As severance agreement lawyers serving Los Angeles and Beverly Hills, our first step is to learn about you and your unique situation so we can tailor a legal strategy that fulfills your goals. Depending on your needs, we will:
- Review your severance agreement and explain your legal rights, obligations, and what you may be giving up by signing.
- Negotiate additional severance compensation, benefits, and terms favorable to your circumstances.
- If you received no severance offer upon termination, approach your employer and initiate negotiations.
- If you are currently working but wish to leave due to a hostile work environment, unlawful harassment, discrimination, or retaliation, negotiate an exit package. We will help you leave on your own terms with dignity.
- Represent you during private mediation and help you decide whether to 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 focus our representation on California employee rights and wage and hour laws, which are vast and nuanced.
Can You Negotiate a Severance Package?
Yes, you can negotiate a severance agreement in California. Even if your employer presents the severance package as standard, you can request changes before signing. Your employer isn’t necessarily required to agree.
Your negotiating position depends on your circumstances. For example, an employee offered eight weeks of severance after a termination involving evidence of discrimination or retaliation may have grounds to request more. Potential legal claims, employment contracts, and compensation arrangements can all affect negotiations.
Beyond severance pay, you can negotiate:
- Continued health coverage or employer-paid COBRA premiums.
- Bonuses, commissions, and equity arrangements.
- Payment amounts, timing, and schedules.
- Employment references and departure announcements.
- Confidentiality, non-disparagement, and post-employment restrictions.
A higher severance payment isn’t necessarily a better agreement if it requires you to surrender valuable legal claims or accept costly obligations. We examine the entire package, not just the amount offered.
What are the Red Flags in a Severance Agreement?
Waiver of Claims, Including Unknown Claims: Severance is the price of your release. If your termination involved discrimination, retaliation, or unpaid wages, the compensation offered must be evaluated against the potential value of those claims, including claims you may not know you have.
Unclear Contractual Obligations: A severance agreement may contain obligations that continue after your employment ends. If you sign, you may be held liable for breaching enforceable terms you didn’t fully understand. Unclear conditions should be addressed before signing.
One-Sided Non-Disparagement Terms: The agreement may prevent you from speaking negatively about your employer without offering you the same protection. A mutual non-disparagement provision may be negotiated.
Earned Compensation Presented as Severance: Your employer may include earned wages, commissions, or accrued, unused vacation pay in the severance package. These amounts are generally owed regardless of whether you sign. They should not be confused with additional compensation offered for releasing claims.
Right to Indemnification: The agreement may require you to waive protections under California Labor Code section 2802, concerning certain work-related expenses and liabilities. Such provisions require careful review for enforceability.
Admissions: The agreement may require you to admit misconduct or acknowledge that your employer violated no laws. These statements can affect your position if a dispute arises.
Non-Compete and Confidentiality Restrictions: California generally prohibits employee non-competes, subject to limited exceptions. Separation agreements also cannot prohibit employees from discussing unlawful workplace conduct, including harassment and discrimination, under California Government Code § 12964.5.
Enforceability: The agreement should clearly state when your employer must pay and what happens if it fails to honor the terms.
Penalties: Watch for substantial repayment obligations, financial penalties, or attorney’s fees if you breach the agreement.
Time Pressure: Your employer insists that you sign without adequate time to review the agreement or consult an attorney. Certain California and federal laws provide specific protections concerning review periods.
Broad Cooperation Duties: The agreement may require you to assist your former employer with future investigations or legal proceedings without clearly limiting your time or responsibilities.
This is not a complete list of red flags. Your employer’s attorney owes a duty of loyalty to your employer, not you. 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
If you experienced wrongful termination, do not sign without first consulting our severance agreement attorneys in Los Angeles.
Your employer may be offering compensation in exchange for releasing the claims arising from your termination. We can review the circumstances, assess potential claims, and help you decide whether the offer is worth accepting or negotiating.
Your next steps, including your unemployment insurance application or disability benefits, may also matter. In California, qualifying severance pay generally doesn’t reduce unemployment benefits, but wage-continuation payments may be treated differently.
How Long Do You Have to Review a Severance Agreement in California?
There is no single deadline for every severance agreement.
Under California law, employers offering covered separation agreements must provide at least five business days to consult an attorney. You can voluntarily sign sooner under the conditions allowed by law.
If you are 40 or older and waiving federal age-discrimination claims, you generally must receive at least 21 days to consider an individual agreement, or 45 days for a qualifying group termination program, followed by seven days to revoke your signature.
For federal age-discrimination waivers, the agreement must specifically refer to rights under the Age Discrimination in Employment Act (ADEA) and be written in language an average employee can understand. Qualifying group termination programs also require disclosure of the job titles and ages of employees selected and not selected for the program.
Can I Sue After Signing a Severance Agreement?
A valid release may prevent you from suing over the claims it covers. However, certain rights cannot be waived, and a release obtained through fraud or duress, or one that fails applicable legal requirements, may be challenged.
For example, signing a severance agreement doesn’t prevent you from filing a discrimination charge with the EEOC or cooperating with its investigation. A release also generally cannot waive claims arising after you sign.
If you have already signed, we can review the agreement to determine whether any legal options remain.
Have a Los Angeles Severance Agreement Attorney Review Your Agreement
We start with a consultation to review your severance offer, the circumstances of your departure, and any potential employment claims. We will explain your options for negotiating additional compensation, benefits, or changes to the agreement.
If you decide to proceed, we will negotiate on your behalf, keep you informed throughout the process, and work toward terms that reflect your circumstances and goals.
Confidential Legal Consultations. No Fees, Unless You Win.
