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If you are facing an employment transition or have questions about a severance agreement, we encourage you to schedule a free consultation with our Orange County Severance Agreement Attorney. We will assess your situation, provide tailored legal advice, and develop a strategy to help you achieve your objectives. Call (949) 822-9220 or message us online today.
The Aegis Law Firm is a distinguished labor and employment law practice that has flourished under the leadership of partners Kashif Haque and Samuel A. Wong. Focused on advocating for employees, Mr. Haque and Mr. Wong have secured settlements totaling over ten million dollars for our clients in the past year.
Hiring a Severance Agreement Attorney can benefit employees in the following ways:
Negotiating Severance Packages
A Severance Agreement Attorney can assist employees in negotiating favorable terms for their severance packages. This includes maximizing financial compensation, ensuring continued benefits, and addressing other relevant considerations such as non-compete clauses or confidentiality agreements.
Reviewing Agreement Terms
Attorneys specializing in severance agreements carefully review the terms and conditions of the proposed agreement to ensure that they are fair and compliant with relevant employment laws. They can identify any potentially unfavorable clauses or provisions that may need to be renegotiated.
Protecting Legal Rights
Employees may not be fully aware of their legal rights when presented with a severance agreement. An Orange County Severance Agreement Attorney can provide legal advice and guidance to ensure that the employee’s rights are protected throughout the negotiation process and beyond.
Exploring Legal Options
If an employer is offering an inadequate severance package or engaging in unfair practices, an attorney can explore legal options available to the employee. This may involve filing a claim for wrongful termination, discrimination, or other employment law violations.
Navigating Disputes
In cases where disputes arise between the employee and employer regarding the severance agreement, an attorney can represent the employee’s interests in negotiations, mediation, arbitration, or litigation, as necessary.
Providing Peace of Mind
Dealing with employment transitions and severance negotiations can be stressful and overwhelming. Having an experienced Orange County wrongful termination attorney by your side can provide peace of mind and reassurance that your interests are being represented effectively.
A severance package is a set of benefits and compensation provided by an employer to an employee who is being terminated from their job. It is designed to ease the financial and emotional impact of job loss and typically includes various components such as severance pay, continuation of benefits, outplacement services, retirement benefits, stock options or equity, and non-financial considerations like a positive reference or assistance with job placement.
Upon receiving a severance package, employees must typically sign a contract known as a severance agreement, wherein they agree not to sue the employer. These agreements often include clauses prohibiting discussion of reasons for termination or severance terms. By signing these agreements, both parties aim to protect their interests and ensure a smooth transition out of the employment relationship.
Accepting a severance agreement often involves waiving certain rights that the employee may have had against the employer, such as the following:
Right to Sue
Employees typically waive their right to file a lawsuit against the employer for any claims related to their employment, including wrongful termination, discrimination, harassment, or retaliation.
Confidentiality
Severance agreements often include provisions requiring employees to keep the terms of the agreement confidential, as well as any information regarding the employer’s business operations or practices. This may include not disclosing the reasons for termination or the terms of the severance package.
Non-Disparagement
Employees may have to agree not to make any disparaging remarks or negative comments about the employer, its executives, or its products and services, either publicly or privately.
Non-Competition
Some severance agreements include non-compete clauses, which prohibit employees from working for a competitor or starting a competing business for a certain period of time and within a specified geographic area.
Help Other Wronged Employees File Claims
Employees may also have to waive the right to participate in or support any claims or lawsuits brought by other employees against the employer, thereby limiting their involvement in potential litigation involving the company.
In California, employers are not required by law to provide severance pay to employees upon termination unless there is a specific employment contract, company policy, or collective bargaining agreement that requires it. Severance pay is typically provided at the discretion of the employer.
However, if an employer does choose to offer severance pay, there are certain legal considerations that must be taken into account. For example, if an employer offers a severance package to a group of employees as part of a mass layoff or plant closure, they may be required to comply with the federal Worker Adjustment and Retraining Notification (WARN) Act or similar state laws. These laws may dictate the timing and content of the notification provided to affected employees and may also require a certain level of severance pay to be offered.
Additionally, if an employer provides severance pay in exchange for a release of claims, the terms of the severance agreement must comply with applicable state and federal laws, including those governing minimum wage, discrimination, and other employment-related matters.
Our experienced Orange County Severance Agreement Attorney is dedicated to advocating for individuals facing employment transitions, offering comprehensive legal counsel tailored to each client’s unique circumstances. To arrange a free consultation today with an Orange County employment lawyer, call (949) 822-9220 or send us a message online.