Often when an employer has to terminate the employment of one of its employees they will offer them a severance agreement. To ensure you are not being exploited, it is always recommended that you have it reviewed by an experienced attorney who specializes in severance agreements. Contact JML Law in San Francisco at 415-692-3462 for a free initial consultation. Let our severance attorneys go over the contract to confirm the contract is fair and in your best interest.
A severance agreement is a contract between an employer and an employee upon termination of the employee or their position. Essentially a severance agreement has 3 parts that both parties are agreeing to.
These contracts are legally binding and release the employer from any claims you may have to sue for wrongful termination if signed. Severance agreements usually contain a variance of one or more of the following:
Employers are not required to offer severance but will typically draw up an agreement to protect themselves from a lawsuit. Your employer can not force you or rush you into signing a severance agreement. They are required, by law, to give employees a reasonable amount of time for consideration and to consult legal representation.
In order for the validity of this agreement and waiver to be legally upheld, the employee must knowingly and voluntarily consent to the agreement when they sign. According to the EEOC, when questioning whether or not a waiver was signed knowingly and voluntarily, the court would look at the following circumstances:
Usually, if you accept a severance agreement, you do not qualify for unemployment benefits until the severance runs out. Take into consideration why you are being terminated, if you are being given a fair payout for how long you may be without work, and what benefits they may temporarily continue. Call JML Law offices today in San Francisco at 415-692-3462 or visit our website at jmllaw.com to request a consultation with one of our severance agreement attorneys. Allow our attorneys to review your agreement and negotiate the terms on your behalf to secure your future.
Every case is unique and needs to be evaluated by our experienced lawyers. If you have been injured in a work-related accident.