If you are unsure whether the waiver declarations in your severance agreement are valid or legally applicable, you discuss the terms of the agreement with an experienced California professional or contract lawyer. Consider the following questions when deciding whether to negotiate your severance pay: severance contracts are usually awarded after the employee`s termination or at the time of termination, in which case the law would not apply. However, employers sometimes negotiate a termination agreement before a worker`s separation in order to develop a voluntary separation. On the basis of status, it is not certain that this is an authorization “as a condition for maintaining employment”. Therefore, these transaction agreements should be consistent with the exception of the “negotiated transaction agreements” provided for by law, which means that “the agreement is voluntary, intentional and informed, provides a balance of value for the employee and the employee is dismissed and has the option of retaining a lawyer or being represented by a lawyer.” Yes, yes. Your employer may not require you to sign a compensation package, but it can legally refuse to pay you severance pay if you do not sign the debt release. If you are still not sure if you are consulting a lawyer, you should consider the following issues when reviewing your severance agreement: Section 1670.11 has been included in the California Civil Code, which prohibits language in contracts and transaction agreements prohibiting anyone from testifying in administrative, legislative or judicial proceedings on alleged criminal conduct or sexual harassment. An employer is not required to include a specific language to meet this requirement. In the event that your severance agreement contains a language that could be read as the place of existence of the acts mentioned above, a language should be added that reflects the language of Section 1670.11. Severance agreements may also require employees to limit their behaviour by other means.
For example, the compensation agreement may require the employee not to discuss the reasons why he was fired, do not speak badly about the company or do not share trade secrets. Severance agreements are created because workers have the right, under California law and federal law, to sue their employers for many types of offences. 3 Employers can prevent this type of action by obtaining the release of the worker`s existing rights.