Protecting Your Rights as an Employee

Severance agreements can be a crucial lifeline during a difficult transition, providing financial stability and helping employees move forward with their lives in comfort. In California, employers typically offer these agreements when ending an employment relationship, whether due to layoffs, organizational restructuring, or other changes in the workplace. However, the process of negotiating and signing a severance agreement can be fraught with complexities, especially if you are unfamiliar with your legal rights. Employers may include language designed to limit their liability or restrict your future opportunities, which makes it essential for you to understand the terms before signing on the dotted line. If you suspect that your severance agreement is in violation of your rights, reach out to KSJM in Los Angeles today and schedule your initial meeting with one of our experienced workers’ rights attorneys today.

What Is a Severance Agreement?

A severance agreement is a legally binding contract between an employer and an employee that outlines the terms and conditions of compensation and benefits following the end of employment. Often referred to as a “separation agreement,” it can include various elements such as a lump-sum payment, extended health insurance, unused vacation pay, or other benefits meant to ease the financial strain of losing a job. In exchange, employees may be asked to waive certain rights, agree to confidentiality clauses, or refrain from pursuing legal action against the employer.

In California, employers are generally not obligated by law to offer severance pay, but many do so to protect themselves from potential legal claims. This is why the terms in these agreements can be particularly nuanced. Employers may seek to limit liability for wage disputes or other employment claims by incorporating broad release provisions. For employees, it is crucial to carefully evaluate any severance offer to ensure you are not relinquishing important rights without fair compensation. Consulting with an attorney can help you determine whether the severance terms truly reflect your best interests and whether modifications or negotiations might be necessary.

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Watching Out for Unfair Severance Agreements

Even if a severance package appears generous at first glance, the fine print can hide clauses that work against your interests. 

Provisions in the Fine Print

Many unfair severance agreements include non-compete provisions or overly broad non-solicitation clauses that restrict your future job prospects. Other hidden pitfalls might involve waiving your right to pursue legal claims related to discrimination, harassment, or unpaid wages. While certain types of waivers are permissible under California law, others may not be.

Controlled Timelines

Severance agreements sometimes come with tightly controlled timelines, giving employees little opportunity to review the terms or consult with an attorney. This pressure can lead you to potentially sign away rights that you could have otherwise negotiated more favorably. Employers may also offer benefits and compensation below industry standards in hopes that employees will accept the deal quickly.

Understanding Your Rights

Understanding what constitutes a fair severance agreement can be challenging, which is why having an experienced attorney review the details is often the best way to protect yourself from unfair practices. KSJM’s dedicated team can spot red flags and guide you in negotiating a package that accurately reflects your contributions and protects your future.

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When to Contact a Workers’ Rights Attorney

You should consider contacting a workers’ rights attorney as soon as you receive—or even anticipate—a severance agreement. An early consultation offers you an invaluable level of guidance so you can fully understand the implications of each clause before making any decisions. If you suspect that the terms of your severance agreement are not aligned with standard industry practices or that you are being asked to waive significant legal protections, professional legal support from KSJM is essential.

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Why Choose KSJM?

Choosing Kesluk, Silverstein, Jacob, & Morrison means partnering with a team of professionals who prioritize your well-being in every facet of your severance negotiation. Our attorneys bring decades of combined experience in employment law, understanding the unique nuances of California’s legal landscape. We have successfully represented employees across diverse sectors, from corporate executives to entry-level staff, ensuring that their severance agreements accurately reflect their tenure, performance, and contributions.

We pride ourselves on our personalized approach. Every case we take on begins with a thorough consultation, where we explain your rights and responsibilities while also listening to your immediate concerns and long-term goals. Whether you need help identifying unfair clauses, evaluating complex compensation structures, or negotiating a more favorable arrangement, our legal team stands ready to provide clear, actionable guidance. When you’re ready to learn more, reach out to our Los Angeles offices and set up your initial consultation.

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