San Jose Severance Agreement Lawyer
In an at-will employment state like California, employers are not required to offer severance pay or a separation agreement when terminating an employee. However, when a company does decide to implement a post-employment contract, the arrangement triggers both rights and responsibilities for both parties. Such a scenario can raise complicated legal issues, especially considering that the parties have opposing interests to protect. Regardless of whether you are the employer or employee, legal counsel on severance contracts is essential.
Our team at Scott Wagner and Associates, P.A. has extensive experience advising companies and individuals on severance agreements, so we are ready to assist with your circumstances. Our lawyers can assist with negotiations, contract review, and other post-employment matters, and we will be at your side to resolve disputes. For more information, please contact our firm to set up a consultation with a San Jose severance agreements lawyer. You might also benefit from reviewing some general information.
California Law on Severance Agreements
When the employment relationship is coming to an end, an employer and/or employee may seek to create a written severance agreement to resolve outstanding disputes and describe the post-employment obligations of each party. So long as the arrangement complies with the basic concepts of contract law, a severance agreement is enforceable by both employer and employee. Some key provisions of such a contract may include:
- The amount of money the employer will pay to the employee to end the relationship;
- Any rights or claims the employee releases by accepting the severance agreement payment or other benefits, such as suing the employer for discrimination, harassment, defamation, or other actions;
- Confidentiality requirements for both parties;
- Restrictions on the employee revealing the employer’s trade secrets; and,
- Many others.
Limitations on Severance Agreements
There are several types of provisions that an employer is prohibited from including in a severance agreement. One key limitation falls under California’s statute that specifically prohibits noncompete agreements, in which the employer might attempt to prevent the employee from working at a competitive company or in some other competition scenario. In addition, a severance agreement cannot:
- Prohibit an employee from pursuing a wage and hour claim;
- Force an employee to give up wages that are already due; or,
- Impose a waiver on the employee’s right to report criminal acts.
How an Attorney Can Assist with Severance Arrangements
At Scott Wagner and Associates, P.A., our lawyers are skilled at creating, drafting, and negotiating these contracts on behalf of employers seeking to protect their interests when an employee departs. We also represent employees who are presented with a severance agreement as part of the exit strategy, to ensure the arrangement is fair and does not violate the law.
Our San Jose Severance Agreements Lawyers Can Advise You on Your Rights
No matter what side you occupy, it is critical to retain skilled legal counsel to represent you in connection with severance agreements and separation arrangements. To learn how we can help, please contact Scott Wagner and Associates, P.A. to schedule a case evaluation at our offices in San Jose, CA. After reviewing your situation, our attorneys can explain the relevant California employment laws.