Livermore Severance Agreement Lawyer
Top Rated Severance Agreement Attorney in Livermore, CA
Losing your job or separating from your employer can create important financial and legal considerations. If you are offered a severance package by your employer, a Livermore severance agreement lawyer at Valerian Law, P.C can review the proposed terms on your behalf prior to signing. Severance agreements typically cover issues such as separation pay and benefits, release of claims, confidentiality and non-disclosure, and restrictions on future employment.
Hire a Severance Agreement Lawyer
The California employment lawyers at Valerian Law, P.C., represent California employees in various employment law issues, including the review of severance agreements and other workplace separation issues.Â
Severance agreements can have important financial and legal consequences for an employee, especially where the severance agreement includes a release of claims or other contractual provisions. Our employment lawyers have experience working with employees to review proposed terms, address potential concerns, and advise them regarding their options.
Releases of Claims and Other Common Severance Agreement Terms
Severance agreements often include terms beyond those simply related to the payment of severance benefits. For instance, they may contain an integration clause, but one of the most important provisions is likely to be a release of claims. An employer may require an employee to waive certain claims against the employer in exchange for severance or other benefits.Â
A release may cover claims arising under California employment laws, including the Fair Employment and Housing Act, Cal. Gov. Code § 12940, as well as federal laws such as Title VII of the Civil Rights Act of 1964.
Severance agreements can also address healthcare benefits, bonuses, commissions, confidentiality obligations, non-disparagement provisions, cooperation requirements, and the return of company property. The specific language used can have legal ramifications.
Legal and Financial Considerations Before Signing a Severance Agreement
Employees are often given a short period of time to review and consider a severance agreement. It is always advisable to review the benefits offered under the severance agreement, as well as the rights being waived, before signing. In certain situations, a severance agreement may affect an employee’s right to pursue legal claims against the employer related to the employment relationship or its termination.Â
A severance agreement may also cover issues such as severance pay, bonuses, commissions, stock options, healthcare benefits, retirement benefits, and other forms of compensation. Certain employees may be entitled to statutory review and revocation periods under the Older Workers Benefit Protection Act, 29 U.S.C. § 626(f), when age discrimination claims are implicated.Â
Circumstances That Can Warrant a Severance Agreement Review
Severance agreements are binding legal contracts, so an employee might consider having an attorney review a severance agreement in certain situations.Â
- If an employee is involved in a layoff, reduction in force, executive transition, or disputed termination, the employer often requires the employee to sign an agreement with extensive releases and other important provisions.
- An attorney may also review a separation agreement when an employee believes discrimination, retaliation, harassment, whistleblower retaliation, or wage and hour violations contributed to the separation from employment.
- An employee might have claims under the California Fair Employment and Housing Act, or other employment laws. In some cases, reviewing the proposed agreement can help an employee better understand their rights, obligations, and options before signing.
FAQs
FAQS DISCLAIMER
The questions and answers presented in the FAQ are not intended to be exhaustive and do not constitute legal advice for your particular question, issue, or concern, nor does this FAQ create any attorney-client relationship or duty on our part to assist you. The information may help you think about your issues and ask the right questions if you choose to consult with an attorney.
What Courts May Hear a Severance Agreement Dispute in Livermore?
A severance agreement dispute arising in Livermore may be heard in either state or federal court. Cases are often heard in the Alameda County Superior Court, although certain disputes involving federal employment laws or other federal jurisdictional grounds may be brought in the United States District Court for the Northern District of California.
How Frequently Do Employment Separations Occur?
Employment separations occur regularly across many industries and occupations. According to the U.S. Bureau of Labor Statistics, employers reported approximately 1.8 million layoffs and discharges nationwide in December 2024 alone through the Job Openings and Labor Turnover Survey.Â
Although many separations do not result in severance agreements, layoffs, workforce reductions, and other employment transitions are common situations in which severance packages may be offered.
How Common Are Employment Discrimination Charges?
Employment-related disputes are frequent in the United States. The U.S. Equal Employment Opportunity Commission (EEOC) has reported 88,531 new discrimination charges filed in fiscal year 2024, a 9% increase from fiscal year 2023. While not all severance agreements arise from discrimination allegations, some severance agreements are offered in conjunction with a dispute related to a termination decision, workplace complaint, or potential employment law claim.
Do Employers Have to Offer Severance Pay?
In California, employers generally are not required to provide severance pay unless an employment contract, collective bargaining agreement, severance plan, or employer policy creates such an obligation. Employers may, however, choose to provide a severance benefit in conjunction with layoffs, workforce reductions, or negotiated terminations of employment.Â
If an employer does offer severance, they may require employees to sign an agreement with specific terms and conditions. These terms should be understood prior to accepting an offer.
Can Signing a Severance Agreement Affect Unemployment Benefits?
Signing a severance agreement can have an impact on an employee’s eligibility for unemployment benefits. In California, severance pay does not generally affect unemployment benefits. But there may be complications if an employee’s agreement includes continued wage payments, settlement, or other compensation arrangements. Your attorney can help you determine eligibility for unemployment benefits based on the specific terms of your agreement.
Contact a Livermore Severance Agreement Lawyer
A severance agreement can impact you in many ways, both legally and financially, well after your employment has ended. Severance agreements can have significant consequences for your compensation, benefits, confidentiality obligations, and ability to pursue certain legal claims. As a binding legal contract, these agreements create rights and obligations for both parties. So it is important to understand your rights and responsibilities prior to signing a severance agreement.Â
At Valerian Law, P.C., our California employee law attorneys represent employees in all matters related to severance agreements and workplace separations. We help clients review proposed severance agreements, work through potential concerns, and address employment-related issues during or after the separation process. Schedule a consultation today to hire a severance agreement lawyer.
