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Severance Agreement Reviews

Severance Agreement reviews Severance Agreement Reviews Employee Handbooks Termination Agreements Indemnification Agreements Severance Agreements Confidentiality Agreements Waivers Los Angeles Severance Agreement Reviews

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01 · The premise

Los Angeles Severance Agreement Reviews

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.

02 · The rules

Know Your Rights Before You Sign: California's Five-Business-Day Rule

Statutes on point

The law behind this

Filed under
Know Your Rights Before You Sign: California's Five-Business-Day Rule

Since January 1, 2022, California law (Gov. Code § 12964.5

, the "Silenced No More Act") requires an employer offering a severance agreement to (1) notify you in writing that you have the right to consult an attorney about the agreement, and (2) give you a reasonable period of at least five business days to do so. You may sign sooner only if your decision is knowing and voluntary — an employer cannot pressure you into signing on the spot. California law also strictly limits confidentiality and non-disparagement clauses: no severance agreement can lawfully prevent you from discussing unlawful acts in the workplace, such as harassment or discrimination.

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Employees 40 and older have additional federal protections when releasing age discrimination claims: the agreement must give you at least 21 days to consider it (45 days in a group layoff) and 7 days to revoke after signing.

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The five-business-day window exists precisely so you can do what you are doing right now — get the agreement reviewed. Use it. We review severance agreements quickly, identify what you are giving up, and tell you whether the offer should be negotiated higher.

General information, not legal advice. The rules and deadlines that apply turn on your facts.

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03 · In focus

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.

04 · The ground

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.

05 · The case

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.

06 · In focus

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.

07 · The ground

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. A valid release requires real consideration: the employer must give you something beyond what you are already legally owed. Your final wages, accrued vacation/PTO payout, and vested benefits belong to you regardless — an agreement that offers only what you are already entitled to is not a deal, and an employer cannot lawfully condition payment of earned wages on signing a release.

08 · The case

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.

09 · In focus

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.

10 · The ground

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.

The record

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Common questions

The questions people ask first.

Short, straight answers. The specifics depend on your situation — that’s what the free review is for.

Do severance packages prevent you from collecting unemployment?

In California, true severance pay generally does not disqualify you from unemployment benefits. But how a payment is characterized matters — for example, wages paid "in lieu of notice" are treated differently — so have the agreement reviewed and check with the EDD about your specific situation before relying on both.

Do I have to sign a severance statement or a waiver?

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.

Can I counter a severance package offer?

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.

How can I negotiate my severance package?

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.

What is the bare minimum required in a severance package?

A severance package should at least include COBRA information, unemployment information, and how to use or cash out your vacation days or PTO accrued.

What should I look for in a severance package?

Several things — and this is where a professional review earns its keep. Some agreements contain offset or repayment provisions that reduce or claw back your severance if you find new work during the severance period. Others contain overbroad releases, improper confidentiality or non-disparagement clauses (which California law now restricts), non-solicitation terms, or waivers of claims you may not realize you have. Before signing, you should know exactly what claims you are releasing and what they could be worth — sometimes the claims are worth far more than the severance being offered.

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