Severance Agreement reviews
Severance Agreement Reviews
Employee Handbooks
Termination Agreements
Indemnification Agreements
Severance Agreements
Confidentiality Agreements
Waivers
Los Angeles Severance Agreement Reviews
Severance agreements are binding contracts between an employer and an employee. Employers put these in place when an employee leaves the company. These contracts can also be called separation, termination, or release agreements. Both employers and employees have the right to negotiate every aspect of these contracts. An employment attorney can draft, negotiate, and review various severance agreements and packages. Experienced employment law attorney Jonathan J. Delshad offers severance agreement reviews as available.
California state law does not need employers to provide severance pay or a severance agreement upon termination of employment. However, employers who discharge their employees must pay all wages under California law. A severance agreement can help a long-standing employee or an executive out of their role in the company. It also ensures that a business does not face legal repercussions by having the discharged employee sign a release form.
For employees, the standard severance agreement offers one to two weeks of pay for every year served in that particular role. Other parts of a severance agreement include uncontested benefits, outplacement services, and references. A severance agreement lawyer can help employers determine what makes the most sense for their employees. We can review severance agreements on an hourly basis or for a flat fee.
Employee Handbooks
Employee handbooks protect businesses and employees from lawsuits, claims, discrimination, and general confusion surrounding business practice areas. Your business can avoid wrongful termination disagreements, sexual harassment cases, or disgruntled departing employees through these publications. The guides also make sure that supervisors, managers, and workers are aware of federal law and state law regarding their practices. Signing these handbooks at the start of employment is a good practice for businesses looking to avoid potential legal claims.
Employee Agreements
Employee agreements determine the nature of the relationship between employer and employee during employment. Such an agreement lays out roles and responsibilities and helps to establish an employment relationship for the duration of the agreement. Most severance agreements would be included in these employee agreements.
Termination Agreements
Businesses that provide termination agreements can keep an employer’s trade secrets safe from retaliation from a departing employee. These agreements can also help ensure future employment for those leaving the company on friendly terms and can avoid potential claims in the future. When employment ends, both parties should feel secure, knowing neither will suffer.
Indemnification Agreements
In the event of a loss, an indemnification agreement can assign liability or blame to one party and clarify any responsibility on the side of the employer or the employee. These agreements protect company property and trade secrets and are legally enforceable in the event of a catastrophe.
Severance Agreements
Severance agreements must have voluntary agreements on both sides of the deal. Jonathan J. Delshad can provide a severance package review to ensure a California severance agreement that makes sense for both employer and employee. These severance packages must not include benefits that the employee was already entitled to, e.g. vacation days or pensions.
Confidentiality Agreements
Suppose a company works with sensitive data or trade secrets. In that case, an employer can add a confidentiality agreement to a severance agreement, an overarching employment contract, or on its own to an employee before they begin work. Always consult an experienced employment law attorney before you sign one of these to ensure that legal rights are not infringed upon.
Waivers
A severance agreement may contain a waiver for either employer or employee. Any severance package review will examine these waivers to ensure neither side gives up their rights. Waivers must have the voluntary agreement of both parties.
Contact A Severance Agreement Lawyer for a Free Consultation
The Law Offices of Jonathan J. Delshad offers a free consultation for a severance agreement, a severance agreement review, or a review of severance payments. Employment termination doesn’t have to be complicated, with an experienced Los Angeles attorney by your side to help you navigate a severance agreement and pay.
Frequently Asked Questions About California Severance Agreements
Whether you’re creating a severance package for employees or want to negotiate a severance package you have received, the Law Offices of Jonathan J. Delshad can assist you.
Severance packages will not keep you from collecting unemployment if necessary.
You don’t have to sign anything if you don’t want to. Coercion makes a waiver, a release, or a severance package invalid. You can sue a former employer for forcing you to sign something.
You can negotiate with your employer about the terms of your severance. Most employers want to avoid spending a long time negotiating, so make sure you have a reasonable counter-offer that works for both you and your employer.
Prepare for your exit interview, and review your employee handbook and other company policies to determine what would be missing from your severance and how it would be calculated. A qualified employment law attorney can also help you negotiate your severance pay and benefits to get what you need.
A severance package should at least include COBRA information, unemployment information, and how to use or cash out your vacation days or PTO accrued.
Check to make sure your employer did not put a mitigation clause. If you get a new job during the severance period, you must pay back your severance to your former employer. Not all severance packages have these clauses.
