California Law Firm Representing Employees Regarding Severance Agreements

Kluft Law, P.C. can help you when your employer offers you a severance agreement at the end of your employment.

In California employers are not required to provide a severance agreement but may offer you one, for several reasons including preventing you from suing them in the future.

The legal document known as a severance agreement or severance package outlines the terms and conditions of your departure and any associated benefits that may be presented. In order to make informed choices and safeguard your rights, it’s crucial to comprehend the complexities of these agreements.

In October of 2021, SB 331 put into effect several key provisions and restrictions regarding severance, including a minimum of five days to review the document. Further, SB 331 specifies the right of workers or former employees to consult with an attorney, and the employer must make the employee or former employee aware of this right.

In addition, any employer is not permitted and does not have the authority to include anything in a severance agreement that prevents an employee from discussing or disclosing fact-based information regarding cases or claims of retaliation, harassment, bias, and retaliation. These protections are outlined under the FEHA (Fair Employment Housing Act) and apply to private and public employers and organizations and claims related to race, gender, sex, creed, and other protected characteristics.

Any confidentiality clauses or provisions tied to protected characteristics under state and federal law are prohibited as outlined under the expansive SB 331.

Before you sign a severance agreement, speak with the attorneys at Kluft Law, P.C. Without an attorney, contracts can become tricky and complicated to understand, which can leave you in a situation you don’t want to be in. So leave it to us to give you the best chance to have a contract you feel confident and happy with.

If you need assistance in negotiating your employment contract, it is important that you speak with an attorney as soon as you can. Contact us or call us at (626) 432-5422 for a free consultation.