Severance Agreement Attorney
It is very common for an employer to offer a termination agreement to an outgoing worker (also known as a «separation agreement»). But employees need to be careful – severance agreements contain important provisions that can significantly affect your rights. At the time of hiring, you may have signed an employment contract stipulating that disputes or claims will be settled through arbitration, and such a provision will likely be included in a compensation agreement. While arbitration clauses have generally been validated by the courts, limited investigative procedures can undermine your ability to make a claim. We protect your rights by ensuring that arbitration is conducted in accordance with widely accepted rules and procedures and that the company will pay all taxes, including arbitration and registration fees. Severance agreements generally favour the employer. They may require, for example, that the worker agree not to denigrate the employer or denigrate the employer, while not restricting the employer`s right to freedom of expression in this way. Although this is not legally mandatory, many employers choose to offer severance pay to workers who have been made redundant as a result of forced reduction, dismissal or other «no cause» dismissal. Almost all employers require the worker to sign a separation or severance contract as a precondition for obtaining severance pay. Such agreements generally advise the employee to consult a lawyer before signing, for a good reason.
If your employer offers you severance pay, it is important that the proposed redundancy agreement be reviewed by experienced employment counsellors. Of course, there are other critical elements of a severance agreement, the best way to protect your rights, to hire an experienced labour lawyer. A severance contract is a contract between the employer and the worker that clarifies the rights and obligations of each party in the event of dismissal. Severance agreements generally contain provisions designed to protect the employer`s interests: there are several common elements of a standard separation or severance agreement, including: if a compensation agreement has been offered to you, you may wonder whether the agreement is appropriate or whether you can negotiate more advantageous terms. A termination or separation agreement is a contract between an employer and a worker that sets the terms of a termination of work. Such an agreement generally determines the severance pay paid by the employer to the worker, such as the continuation of salary and medical benefits for a fixed period and/or a lump sum payment, severance pay and accumulated compensation. In return, the agreement generally provides for the general release of all rights against the employer by the employee; the agreement may also include the employee`s commitment not to denigrate the employer, to cooperate with the employer after employment, not to recruit customers and employees and/or not to compete with the employer for a certain period of time. Lawyers in our office regularly consult with outgoing employees who try to understand the terms of their compensation agreements.
If you have been presented with a severance agreement, you can contact our office for a free confidential consultation and learn more about the specific provisions of your severance agreement. For a free 15-minute interview with a California labour specialist, click here or call us at (310) 824-3828. While employers have an unfair advantage over employees who are laid off, we will use our bargaining skills to ensure that your interests are protected.