How long do I have to review a severance agreement in La Mirada?
If your employer in La Mirada offers you a severance agreement, California law does not set a specific review period in all cases. Many employers provide a certain number of days, often 21 or 45, especially when the agreement involves a waiver of Age Discrimination in Employment Act (ADEA) rights. You have the right to take this time to review the agreement and consult with an attorney before signing.
What does a severance and contracts attorney do for La Mirada workers?
A severance and contracts attorney helps employees in La Mirada understand, negotiate, and enforce agreements with their employers. This includes reviewing severance packages, employment contracts, non-compete clauses, and other workplace agreements. They ensure the terms are fair, legal, and protect your rights, providing clarity on what you are signing and what your options are.
Often, these attorneys assist when an employer terminates your job and offers a payment in exchange for signing away certain legal claims. The firm focuses on protecting workers, whether they are facing job loss, contract disputes, or other employment issues. We also help La Mirada residents with other employee rights issues, including those related to general employment law.
What steps should I take if offered a severance package?
- Do Not Sign Immediately: Employers often pressure employees to sign quickly. Resist this pressure. You have a legal right to review the document and seek legal counsel.
- Gather All Documents: Collect your employment contract, any performance reviews, termination letters, and the severance agreement itself. These documents provide context for your attorney.
- Consult with an Attorney: An attorney can explain the terms of the agreement, identify potential issues, and advise you on whether the offer is fair. They can also determine if you might have a claim for wrongful termination, discrimination, or other violations.
- Negotiate Terms: Based on the attorney's advice, you may choose to negotiate better terms, such as a higher severance amount, extended benefits, or changes to restrictive clauses.
- Understand the Consequences: Ensure you understand what you are giving up by signing, such as the right to sue your employer for certain claims.
Where are severance and contract disputes filed in La Mirada?
For most employment-related claims by workers in La Mirada, cases are generally filed in the Superior Court of California, County of Los Angeles. In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). Employment cases that are not personal injury claims would be filed within the county. The Norwalk Courthouse, located at 12720 Norwalk Blvd, Norwalk, CA 90650, handles many cases originating from the Southeast District, which includes La Mirada.
How long do I have to file an employment-related claim in California?
Most California personal injury claims, including some related to employment, must be filed within two years (Cal. Code Civ. Proc. § 335.1) from the date of the injury or wrongful act. However, if your claim involves a city, county, or other public agency in La Mirada, you must present a written claim within six months (Cal. Gov. Code § 911.2) of the incident before you can file a lawsuit. These deadlines have exceptions and must be confirmed with an attorney for your specific facts.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act. What you can recover varies based on the claim type. For example, for actions filed on or after January 1, 2026, Cal. Code Civ. Proc. § 377.34 does not allow recovery of the decedent's pain, suffering, or disfigurement in survival actions, only the decedent's economic losses before death and punitive damages the decedent could have recovered. Elder abuse claims under Welf. & Inst. Code § 15600 are unaffected.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means you have a legal team focused on employment law. We begin by listening to your situation and reviewing all relevant documents. We explain your rights and the legal options available to you. Whether it's negotiating a severance agreement, addressing a contract dispute, or pursuing a claim, we advocate for your interests. Our firm's practice is concentrated on personal injury and employment law, assisting workers across Los Angeles County, including in Agoura Hills, Alhambra, and Bellflower. Our goal is to secure the best possible outcome for your specific circumstances.
Frequently Asked Questions
What is a non-compete clause, and can it be enforced in La Mirada?
A non-compete clause attempts to restrict your ability to work for a competitor or start a similar business after leaving your current employer. In California, non-compete clauses are largely unenforceable and are generally void under Business and Professions Code § 16600. There are very narrow exceptions, such as in the sale of a business. If your severance agreement contains one, an attorney can advise you on its enforceability.
Should I sign a severance agreement if I believe I was wrongfully terminated from my job in La Mirada?
You should not sign a severance agreement if you believe you were wrongfully terminated without first consulting an attorney. Signing a severance agreement often means you waive your right to sue your employer for any claims related to your employment or termination. An attorney can assess the strength of your wrongful termination claim and determine if the severance offer adequately compensates you for giving up those rights. We frequently assist workers in La Mirada with issues such as retaliation and whistleblowing and other employee rights matters.
Does an attorney review of a severance agreement affect my employment relationship in La Mirada?
Seeking an attorney review of a severance agreement is a common and legally protected right. It does not typically affect your employment relationship, as employers expect employees to consult with legal counsel. The purpose of the review is to ensure you understand the terms and are making an informed decision, which is beneficial for both parties.
How does California law protect employees reviewing severance agreements?
California law, particularly for employees over 40 under the Older Workers Benefit Protection Act (OWBPA), mandates a specific period (at least 21 days for individual terminations, 45 for group terminations) to review a severance agreement. It also grants a seven-day revocation period after signing. These provisions ensure employees have sufficient time to consult an attorney and consider their options before making a final decision. Our firm also advises executive and professional employees on their agreements, often handling complex executive employment issues.
If you are a worker in La Mirada with questions about a severance package or employment contract, contact Casa Legal Los Angeles. Call 888-585-2529 for a confidential consultation. No attorney's fees unless we win — and no case costs either.