San Francisco Severance Agreement Lawyer
Under California’s at-will employment laws, employers are not obligated to enter into a severance agreement or offer severance pay when terminating an employee. The situation is entirely different when a company does decide to implement such a policy. Not only are the parties subject to the rights and responsibilities incorporated within the contract, but additional employment law concepts may affect the arrangement. Due to the complicated laws that apply and the parties’ opposing positions, it is critical to work with experienced legal counsel in connection with post-employment matters.
Whether you are in the position of employer or employee, our lawyers at Scott Wagner and Associates, P.A. are prepared to serve your legal needs with a severance contract. We can assist with drafting an agreement, reviewing documentation, and negotiations, as well as resolving disputes that may arise. Please contact our firm to set up a consultation with a San Francisco severance agreements lawyer, and check out some important information about the basics.
Overview of Severance Agreements
California law allows employers and employees to enter into separation agreements that establish the rights and duties of the parties when the employment relationship is drawing to a close. Unless it violates contracts principles or other federal or state laws, the severance agreement is legally binding and enforceable. The details may vary, but it is common for a post-employment contact to include:
- Terms of payment to the employee;
- Confidentiality provisions;
- A release of any rights and claims the employee may have against the employer, including allegations involving discrimination, harassment, retaliation, defamation, or other matters;
- Restrictions on revealing the employer’s trade secrets; and,
- Many other terms.
Special Considerations Regarding Severance Agreements
While employers and employees have some flexibility on what they can include in a separation contract, there are certain legal provisions that they cannot change via contract. For example:
- California specifically prohibits noncompete clauses in severance agreements, so a company cannot prevent a worker from engaging in direct competition after termination.
- It is unlawful for a company to bar an employee from pursuing a wage and hour claim or seeking wages that are already due.
- An employer cannot force workers to give up their right to report criminal activity by the company.
Our Lawyers Can Advise You on California Severance Arrangements
Our team at Scott Wagner and Associates, P.A. works with employers of all sizes in connection with separation contracts, including drafting the documents and negotiating terms. Our attorneys can also assist if you are an existing employee presented with a severance agreement. We can review the paperwork to ensure your rights are protected from a company overreaching in violation of employment laws.
Trust Our San Francisco Severance Agreements Lawyers to Protect Your Interests
Both employers and employees have interests to protect in connection with separation arrangements, so please contact Scott Wagner and Associates, P.A. to learn how our team can assist with your circumstances. We are happy to schedule a consultation at our offices in San Francisco, CA, where one of our skilled attorneys can explain the implications of California employment laws.