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California Employment Lawyer > San Diego Severance Agreement Lawyer

San Diego Severance Agreement Lawyer

Have you been terminated from your job in San Diego and offered a severance agreement? Or are you an employer who needs to scale down operations and is considering offering severance agreements to your employees who are currently under contract? Whether you are an employer or an employee in San Diego, one of our experienced San Diego severance agreement lawyers can speak with you about your questions and concerns. It is critical to understand when severance agreements are enforceable, and what rights and responsibilities both employers and employees have when they terminate an employment relationship.

Understanding San Diego Severance Agreements

In most employment relationships, an employer will offer an employee a severance agreement in connection with the employee’s termination. In some cases, however, an employment contract will include terms concerning severance pay and other benefits that an employee will receive in the event of layoffs, for example. Depending upon the particular circumstances and facts of the case, an employer may be required to offer an employee a severance agreement based on an existing employment contract, or an employer might offer a severance agreement in order to end the relationship with the employee and to prevent any future claims. Typically, a severance agreement will pay the employee a portion of his or her salary for a set period of time, and that severance agreement also may include the continuation of certain benefits for a particular amount of time.

Sometimes an employer will offer a severance agreement after an employee has filed a claim against the employer, and the severance agreement will require the employee to give up any future claims against the employer in order to receive the proposed compensation outlined in the severance agreement. Whether you are an employer or an employee, you should know that California law generally does permit employees to waive their rights to future claims against the employer, but there are limitations.

When San Diego Severance Agreements Are Unenforceable

There are some circumstances in which California law says that severance agreements are unenforceable. In general, severance agreements that go against public policy will be deemed unenforceable. For example, an employee cannot waive rights to claims that they do not know exist, to rights to receive compensation for unpaid overtime, or rights to report certain criminal activities taking place at the workplace. In addition, a severance agreement that has been fraudulently signed by an employee, or that has been signed under threat or duress, will not be enforceable in a California court.

Before you sign a severance agreement as an employee or offer a severance agreement as an employer, you should seek guidance from a San Diego employment lawyer.

Contact a San Diego Severance Agreement Attorney Today

Whether you are drafting a severance agreement or are an employee who is considering whether to accept a severance agreement that has been offered, you should seek advice from one of the San Diego employment law attorneys at our firm. Severance agreements often are complex, and it is important to be sure that you maintain your rights and responsibilities even if you are severing the employment relationship. Contact Scott Wagner and Associates, P.A. for more information.

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* Cathleen Scott is licensed to practice in Florida only.

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