Did your California employer let you go without what you believe was a good cause?
If you believe you were unfairly terminated because of age discrimination, sexual orientation, workplace harassment or workers’ compensation complaint, your legal and personal rights may have been violated under the California Fair Employment and Housing Act (FEHA).
The employment lawyers of HKM Employment Attorneys in San Diego understand state laws, California labor codes, and can review your employment contract and separation agreement and provide legal advice if they believe you have a case.
What Is a Business Separation Agreement?
A business separation agreement is a general release contract and non-disclosure document. It prevents the former employee from sharing any trade secrets learned from their years of employment as well as limits the employee’s right to sue.
The employment separation agreement protects California employers from any unknown claims against them an employee might have and try to sue for that include wrongful termination and discrimination claims like:
- Age discrimination
- Sexual orientation
- Workplace harassment
Separation agreements are normal in California and are used by California employers to safeguard their businesses. It’s important that a departing employee understands what they are signing when they sign an employment separation agreement.
Before signing, make sure to read the employment separation agreement carefully and seek legal counsel if you have questions. California laws are different, and an experienced law firm can help.
What Should I Ask My Employer in a Separation Agreement?
Employee’s rights are important. If you are able to work with your employer to create written agreements, make sure to ask that the agreement will allow you to receive health benefits through COBRA as a condition of the severance package.
A departing employee should also make sure to request a severance payment as a lump sum as unemployment insurance is not guaranteed.
Does California Law Require Severance Pay?
Under California employment laws, a departing employee must receive a lump sum payment for their unused vacation pay and other pay they are entitled to, according to their original employment agreement.
It is important that under California law, California employers are not required to pay severance pay or unemployment insurance.
What Happens If I Don’t Sign a Separation Agreement?
If an employee doesn’t sign an employment separation agreement because of wrongful termination, an employee should seek legal counsel. Legal claims can be hard to make if written agreements have been signed.
Can You Negotiate a Separation Agreement?
Every employer is different. It might be possible to negotiate if you feel you’ve been treated unfairly.
Should I Sign a Termination Agreement?
Written agreements should never be signed without a review from legal counsel. Legal claims can be hard to make if an employee’s rights have been signed away. If you don’t understand your employment separation agreement, contact the employment lawyers of HKM Employment Attorneys San Diego. We know California law.