Long Beach Severance Lawyer

Trusted Long Beach Severance Attorney

If you’re facing a job separation, consulting a Long Beach severance attorney can make a significant difference when it comes to protecting your rights. At Briana Kim, PC, our experienced team provides focused, personalized representation to employees in Long Beach and throughout California.

While severance can be beneficial, it’s important to understand what you’re agreeing to, as signing too quickly could result in waiving important rights.

Severance agreements are not required in California, but many companies offer them to employees in employment contracts or use them as a way to uphold non-compete and/or other agreements prohibiting employees from taking legal action against them.

Negotiation

Negotiating a severance agreement that provides adequate compensation and benefits while upholding your rights is critical, and an experienced lawyer can help you achieve your goals. For those inexperienced with employment law issues, it is difficult to discern whether a severance package is in one’s interests.

The terms and conditions of these agreements are extremely important, especially if you feel that you have been subjected to discrimination and/or harassment during the course of your employment.

Common Clauses in Severance Agreements

Being laid off, while unpleasant, is a fairly common experience in the United States. In fact, around 40% of people in the United States have been laid off at least once. Severance agreements can seem like a safety net for employees, but it is important to be fully aware of the implications of any contract you are considering signing.

When you’re reviewing a severance agreement, it’s important to understand the specific clauses in it. Each provision can significantly affect your financial benefits and legal rights, and some of those clauses can include:

• Severance pay, either a lump sum or the continuation of salary
• Benefits continuation, like health insurance, retirement contributions, or stock options
• Release of claims, which waives your right to file a legal claim related to employment or termination
• Confidentiality clause
• Non-compete or non-solicitation clause
• Non-Disparagement, which is an agreement not to speak negatively about the company or its employees
• Tax obligation clarification

The employment attorneys at Briana Kim, PC are experienced in reviewing and negotiating severance agreements, helping Long Beach employees secure the most favorable outcome while safeguarding their rights.

California Severance Limits

California law places important limits on what can and cannot be included in a severance agreement. Understanding these restrictions is important to make sure your rights aren’t unknowingly waived and that any agreement you sign is legally enforceable. They include:

• Claims under the California Labor Code for unpaid wages
• Rights under the Age Discrimination in Employment Act (ADEA)
• Unemployment insurance claims
• Family and medical leave rights
• Whistleblower claims
• Retaliation claims
• Claims for harassment or discrimination

At Briana Kim, PC, our Long Beach severance attorneys guide employees through these limits to make sure that every agreement you consider aligns with your rights and your interests.

Should You Negotiate or Sign the Agreement?

When you are presented with a severance agreement, you have the choice to sign it as-is or negotiate the terms. The benefits of signing an agreement as-is may include receiving severance pay more quickly and avoiding any stress or negative feelings that come with negotiation. However, drawbacks include possibly waiving rights and giving up the opportunity to advocate for yourself later.

If you choose to negotiate, you may risk your employer responding unfavorably, but you also open up the possibility of securing more compensation and preserving the possibility of holding your employer responsible for any discriminatory or unlawful practices.

Negotiation: Why You Need to Hire a Severance Attorney

Negotiating a severance agreement means understanding your leverage and knowing what to request. With the right legal team, you can secure improved pay, benefits, or protections, and some of these negotiation strategies can include:

• Requesting extra time to thoroughly review the severance agreement and avoid pressure.
• Using your position, tenure, accomplishments, or potential claims as negotiating points.
• Asking for concrete improvements, like increased severance pay, extended health benefits, bonus payouts, or changes to non-compete, non-solicitation, or non-disparagement clauses.
• Making sure that ambiguous terms are clarified in writing, including payout schedules, tax treatment, and benefit continuation.

Strategic negotiation is key to maximizing the value of your severance agreement. The attorneys at Briana Kim, PC, help Long Beach employees identify opportunities and negotiate effectively.

Risks of Signing Too Quickly

Signing a severance offer too quickly can carry serious consequences. Rushed decisions can result in waiving important rights or accepting terms that do not fully reflect your contributions or legal protections. Once signed, you could permanently waive rights to:

• File claims for wrongful termination, discrimination, or harassment
• Pursue unpaid wages or bonuses
• Challenge illegal deductions or violations of labor laws

At Briana Kim, PC, our Long Beach severance attorneys help employees carefully evaluate every clause and make informed decisions to avoid costly mistakes.

FAQs

Is My Employer Required to Give Me Severance Pay in California?

No, employers in California are not required to provide severance pay when employment is terminated, regardless of whether the termination is voluntary. Companies that offer severance packages may do so as a gesture of goodwill toward their employees, but they may also be motivated by the desire to protect the interests of the company and prevent wrongful termination claims.

Why Would My Employer Want Me to Sign a Release of Claims?

Your employer might include a release of claims in your severance agreement in an effort to prevent you from filing a claim against the company for any known or perceived unfair employment practices. Examples might include wrongful termination, retaliation, hostile work environment, or any other claim that could result in significant financial losses for the company.

When Should I Hire a Severance Lawyer?

It’s a good idea to hire a severance lawyer, or at least to go ahead and get in contact with one, as soon as you are aware that your employment is being terminated. Your attorney can help you before the severance agreement even lands on your desk by learning about your employment situation and helping you to identify whether you may have a claim you could file against your employer that would be waived if you signed a severance agreement.

How Much Does a Severance Attorney Cost in Long Beach?

The cost of hiring a severance attorney in Long Beach can vary significantly from case to case. Factors that affect the final cost of legal representation include the individual attorney’s fee structure, the complexity of your case, and the willingness of your employer to cooperate. Many attorneys require an initial deposit called a retainer to begin working on your case. Then, they bill their actual working hours against the retainer throughout the case.

Protect Your Rights Today – Contact Briana Kim, PC

If you were terminated, laid off, or fired, you are still owed overtime if your duties were primarily non-exempt. DO NOT SIGN A SEVERANCE AGREEMENT without consulting our office first. If you sign a severance agreement as part of a layoff, you may be waiving your right to make a claim for overtime or discrimination, among other claims.

Typically, companies include a “general release” in severance agreements, such that once you sign, you may be waiving your right to bring any future legal claims against the company. Contact our office immediately if you are asked to sign a severance agreement or general release as a result of a layoff or termination. Our Long Beach clients can also stop by our office at 249 East Ocean Boulevard to discuss their needs with us.

Long Beach Severance Lawyer Reviews

Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623