Long Beach Severance Attorney

Long Beach Severance Lawyer

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.

Understanding Severance Agreements in Long Beach

A severance agreement is a legally binding contract between an employer and an employee that outlines the terms of separation from employment. In California, these agreements are often offered to employees upon termination, whether voluntary or involuntary, and are designed to provide compensation, benefits, or other considerations in exchange for certain conditions.

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.

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

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 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 can’t be included in a severance agreement. Understanding these restrictions is important to ensure 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.

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:

• Request extra time to thoroughly review the severance agreement and avoid pressure.
• Use your position, tenure, accomplishments, or potential claims as negotiating points.
• Ask for concrete improvements, like increased severance pay, extended health benefits, bonus payouts, or changes to non-compete, non-solicitation, or non-disparagement clauses.
• Ensure 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 don’t 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, ensuring you make informed decisions to avoid costly mistakes.

Protect Your Rights Today

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.