Do I need a lawyer in Fountain Valley for my severance agreement?
If your employer in Fountain Valley has offered you a severance agreement, reviewing it with a lawyer helps ensure you understand your rights and the terms you are agreeing to. These contracts often include complex clauses that affect your future employment, benefits, and ability to pursue legal claims against your former employer. A lawyer can clarify the document and negotiate better terms for you.
What do severance and employment contracts cover in California?
Severance agreements and employment contracts are legal documents that define the terms of your work relationship or its ending. An employment contract sets out things like your role, compensation, benefits, and responsibilities when you start a job. A severance agreement, offered when your employment ends, often includes payment in exchange for you giving up certain legal rights. This can involve waiving claims for wrongful termination, discrimination, or other employment law violations. These agreements often restrict your future actions, such as non-compete clauses, non-solicitation clauses, and confidentiality agreements. Understanding these documents fully protects your interests when you leave a job or start a new one.
What should I do if I've been offered a severance agreement?
- Read the document carefully: Understand what your employer is asking you to sign. Note any terms you do not understand or disagree with.
- Do not sign immediately: California law generally requires employers to give you a reasonable amount of time to review a severance agreement, especially if you are over 40 (21 days to review, 7 days to revoke under the Older Workers Benefit Protection Act). Use this time wisely.
- Gather employment records: Collect your original employment contract, pay stubs, performance reviews, and any disciplinary notices. These documents help a lawyer understand your situation.
- Contact an attorney: Schedule a consultation with an attorney experienced in employment law. They can review the agreement, explain its implications, and advise you on negotiating for better terms. Lawyers experienced in employment law handle these negotiations regularly.
- Consider your options: Your attorney can help you weigh whether the severance package is fair, whether you might have other claims against your employer, and what your legal alternatives are.
Where is an employment claim filed if I work in Fountain Valley?
An employment law claim arising from your work in Fountain Valley is generally filed in the Superior Court of California, County of Orange, specifically at the Central Justice Center. This courthouse is located at 700 Civic Center Dr W, Santa Ana, CA 92701. The Central Justice Center handles a variety of civil cases, including those related to employment disputes. Our firm has an office in Orange County and understands the local court system.
How long do I have to file an employment claim in California?
The time you have to file an employment claim in California depends on the type of claim. For most personal injury and wrongful death claims, you have two years from the date of injury to file (Cal. Code Civ. Proc. § 335.1). However, many employment claims have different deadlines, sometimes much shorter. For example, if your claim is against a city or other public entity in Fountain Valley, you generally must present a written claim within six months of the incident (Cal. Gov. Code § 911.2). If a minor is injured, the deadline is generally paused under Cal. Code Civ. Proc. § 352, but this pause does not apply to the six-month government claim deadline. The law allows recovery for economic losses like lost wages and benefits, and non-economic losses like emotional distress, depending on the specific facts of your case. Confirming the deadline for your specific facts with an attorney is critical.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your story and reviewing the specifics of your severance agreement or employment contract. We explain what each clause means for you, identify any unfair terms, and discuss your options. Our goal is to ensure you do not sign away important rights without understanding the full implications. We then advocate for your best interests, whether through negotiation with your employer or pursuing legal action if necessary. We have represented employees from Fountain Valley in various disputes, including those involving employee rights and retaliation claims, and can advise you on your options. We also assist employees throughout Southern California, including those in Carson and Bellflower.
Frequently Asked Questions
What is "consideration" in a severance agreement?
Consideration refers to what an employer provides you in exchange for signing the agreement and giving up your legal claims. This usually includes severance pay, but can also include continued benefits, job placement services, or other concessions. Without proper consideration, a severance agreement may not be legally binding.
Can I negotiate the terms of a severance agreement?
Yes, you can often negotiate the terms of a severance agreement. Many initial offers are just that—offers—and not the final terms. An attorney can help you seek more favorable severance pay, extended benefits, changes to restrictive covenants like non-compete clauses, or other benefits. Whether you work in Fountain Valley or other areas like Agoura Hills, negotiation is often possible.
What if my employment contract has a non-compete clause?
Non-compete clauses in employment contracts are generally unenforceable in California, with very limited exceptions. California law strongly favors employee mobility and generally prohibits agreements that prevent a person from working in their chosen profession. If your Fountain Valley employment contract includes a non-compete, an attorney can explain its enforceability and impact on your future employment options.
Do I have to sign a severance agreement by a specific date?
Employers typically set a deadline for signing a severance agreement. If you are over 40, federal law gives you at least 21 days to review the agreement and 7 days to revoke it after signing. It is crucial to use this review period to consult with a lawyer, as signing before understanding all terms could waive significant rights. Deadlines have exceptions and must be confirmed with an attorney for your specific facts.
Do not sign an agreement that might compromise your future. Contact Casa Legal Los Angeles today for a consultation. Call us at 888-585-2529. No attorney's fees unless we win — and no case costs either.