Los Angeles Severance Agreement Lawyer
When an employer and an employee enter into an employment contract, that contract will often include a clause concerning severance pay. Even if the employment contract does not specify any terms surrounding severance pay or a severance agreement, employers and employees can still enter into a severance agreement at the time an employee is terminated from his or her job. It is critical to ensure that the terms of a severance agreement are enforceable. California employees have numerous protections under state and federal law, and severance agreements with unenforceable terms can give rise to an employment claim. If you have questions or need more information about seeking representation, one of the experienced Los Angeles severance agreement lawyers at our firm can assist you.
What is a Severance Agreement in Los Angeles?
In the most general terms, a severance agreement is a contract that an employer and employee enter into when the employee is terminated. The employee’s termination may be for cause, but it also may be due to issues like lost revenue and the need for company layoffs. Depending upon the terms of an existing employment contract, the employer may be bound to provide certain compensation in a severance agreement.
Many severance agreements also limit the employee’s ability to take any further action against the employer by accepting the terms of the agreement. To be sure, employee rights often are waived in severance agreements, which typically provide the employee with a payout and the possibility of benefits for a particular amount of time if the employee agrees to waive his or her rights to file a claim against the employer later on.
Enforceability of Severance Agreement in Los Angeles, California
California law does allow employees to waive their rights in accepting the terms of severance agreements, but there are certain rights that an employee cannot waive. For example, under California law, an employee cannot lawfully waive his or her rights concerning claims that the employee does not yet know exist. Other issues or elements that can render a severance agreement unenforceable may include but are not limited to the following:
- Right to unpaid overtime;
- Right to report a crime at the workplace; and
- Right to waive a claim related to age discrimination.
To be clear, employees can lawfully waive their rights to file discrimination or sexual harassment claims in a severance agreement, but it is important to discuss the specific terms of the agreement with a California employment lawyer. In addition, severance agreements typically will not be enforceable if there is evidence of fraud, duress, or undue influence.
Seek Advice from an Experienced Los Angeles Severance Agreements Lawyer
Severance agreements can be complicated, particularly if a dispute arises between the employer and employee. It is critical to seek advice from an experienced attorney from the start to ensure that your rights are protected and that the severance agreement is enforceable. Even if you are at the point where a contract dispute has arisen, one of our dedicated Los Angeles severance agreements attorneys can assess the facts of your case and help you to determine the best method for resolving your dispute. Contact Scott Wagner and Associates, P.A. today to learn more about how our firm can assist you.