Mission Viejo Severance Agreement Lawyer

Mission Viejo Severance Agreement Attorney

Being laid off or involuntarily terminated from a job can be stressful, especially if you depend on it as your primary source of income. In these cases, receiving a severance is common but not mandatory. However, if you do receive a severance but are not content with the amount, you may want to hire a Mission Viejo severance agreement lawyer to help you with your case.

At Briana Kim, PC, we handle a range of employment cases, from wage theft to discrimination and wrongful termination. We also employ our superb pre-trial negotiation skills to help employers negotiate their severance agreements. If you have worked for your company for many years, then you should receive a severance that reflects this.

Employment Laws in California Overview

California is an employee-friendly state when it comes to employee-employer relationships. With a generous minimum wage, accommodating leave, substantial overtime pay, and extensive protections, employees can generally enjoy safe and equitable work environments. Violations of employee rights can mean recovery in the form of damages, lost wages, emotional distress, attorney fees, and other expenses.

What Is a Severance Agreement?

A severance is money and/or benefits paid to an employee after an involuntary termination or layoff. In some cases, employees are provided a severance package after voluntary termination. A severance agreement, also called a separation agreement, is a contractual agreement between the employer and employee that details the terms of the severance package.

Severance Agreements Laws in California

Employers are not legally obligated to provide a severance in California; however, severance agreements are typically legally binding. California Government Code 12964.5 details the restrictions of severance agreements, though each severance package is different for each employer. Some things a severance agreement can or cannot include are:

• It cannot prohibit an employee from speaking of unlawful acts by their employer
• It can include a general release or waiver of claims
• It cannot be enforced on the same day, but must rather provide the employee at least five days to consult with a lawyer.
• It can prohibit an employee from discussing trade secrets and other confidential information unless said information is unlawful.
• It can prohibit the employee from discussing the amount paid in the agreement.
• It cannot include a “no-rehire” clause unless the employee was involved in discrimination, harassment, or criminal conduct.

California Silence No More Act

The Silence No More Act, or Senate Bill 331, ensures that employees can speak out against discrimination, harassment, and unlawful practices by their employers, even after termination. No severance agreement can override this protection.

The Silence No More Act is regulated by the Fair Employment and Housing Act (FEHA). If your employer has a clause in your severance agreement that requires you to keep silent about unfair practices, you should consult a lawyer.

When to Contact a Mission Viejo Severance Agreement Attorney

Not all employers provide severance to their employees, so if you receive one, you are in a fortunate situation. However, not all severance packages are created equally, and some are simply inadequate.

In these cases, you may need to hire a Mission Viejo severance agreement attorney to increase the offered severance amount. A skilled lawyer can negotiate your severance package on your behalf so you can afford to pay your bills until you find new employment.

The severance amount is based on your employer, but the standard rate is one to two weeks’ salary for every year of employment, as well as benefits. However, in some cases, employees may receive more generous packages.

For example, a top Orange County executive received $370,000. Though each employer is different, some factors that may be included in your package include:

• Your specific role and tenure. Employees who have been with their company for longer periods tend to receive higher severance packages.
• Your company’s policies. Your company may have specific policies on severance value and additional benefits offered.
• The company’s financial health. Companies that are financially stable may often be able to comfortably pay a severance, while struggling companies might not.
• Your lawyer’s negotiation skills. Your lawyer can make a considerable difference in how much you receive based on their pre-trial negotiation skills.

FAQs

How Much Is a Severance Lawyer?

The cost of a severance lawyer depends on several factors. Common factors to consider include the amount of your severance package, the details of your employment, your lawyer’s skill and experience, and the firm’s location. The amount you pay for a severance lawyer may be directly proportional to your severance amount, as well as the amount you wish to negotiate.

Do You Need a Lawyer to Negotiate a Severance Package?

While you do not need a lawyer to negotiate a severance package, your chances of receiving the severance you desire may be increased if you choose to hire one. Severance lawyers have specific pre-trial negotiation skills and employment law knowledge that can help you with your case. This is especially true if you plan to receive a generous severance.

What Is the 70 Rule for Severance Pay?

The 70 rule for severance pay exists to provide fair severance packages for older workers. It helps to protect workers over 40 from age discrimination when they are laid off and offered a severance package. It aligns with the idea that older, more tenured workers should receive higher pay. Specifically, the 70 rule formula is the employee’s age + years of service = 70. This is not a requirement for a severance package and is simply a guideline.

What Are the Odds of Successfully Negotiating a Severance Package?

The odds of negotiating a severance package vary, depending on your specific case. There is no legal requirement to pay a severance, and each employment policy is different. Factors such as tenure, age, role, and the company’s financial health all play a part in what an employee may receive. An attorney’s guidance might help increase the final amount you receive in a severance package.

Hire a Mission Viejo Severance Agreement Lawyer Today

Negotiating a severance package can be overwhelming if you do not have the confidence to do so. Luckily, Briana Kim, PC, can help you negotiate a severance agreement you are happy with. Do not hesitate to contact our office today for a consultation instead of attempting to handle your case alone.

Locations

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

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