How does reviewing a severance agreement in Manhattan Beach work?
If you live in Manhattan Beach and receive a severance agreement, the process usually starts with carefully reading the document. Your attorney will examine each clause to understand what your employer offers and what they ask you to give up. This review ensures the agreement protects your rights and secures the best terms possible under California law.
The goal is to determine if the agreement provides fair compensation and conditions, especially regarding your future employment and ability to pursue legal claims.
What types of employment contracts and severance issues do we handle in Manhattan Beach?
We help Manhattan Beach employees with various contract and severance matters. This includes reviewing severance agreements to make sure they are fair and legally sound. We also assist with employment contracts, non-compete clauses, and independent contractor agreements.
Our focus is on protecting your rights as a worker in California. This means making sure your employer follows the law regarding wages, discrimination, and retaliation, whether you are signing a new contract or ending your employment.
What are the deadlines for taking action on an employment contract dispute or severance issue in California?
Deadlines for employment claims in California vary significantly depending on the type of claim. Most personal injury and wrongful death claims, for instance, must be filed within two years under Cal. Code Civ. Proc. § 335.1. However, claims against a city, county, or other public agency in Manhattan Beach require a written claim presented within six months of the incident, as stated in Cal. Gov. Code § 911.2.
For employment-specific claims, like wage disputes or discrimination, different statutes of limitations apply, sometimes as short as one year or as long as several years, depending on the specific legal violation. The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352, but Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act.
These deadlines are strict, and missing them can mean losing your right to pursue a claim entirely. What you can recover depends on the specific facts of your case; California law allows for recovery of economic harm like lost wages and benefits, and sometimes non-economic harm like emotional distress, depending on the claim type.
What should you do if you receive a severance agreement in Manhattan Beach?
- Do not sign immediately: Most severance agreements give you a specific period, often 21 or 45 days, to review and consider the terms. Use this time wisely.
- Gather all relevant documents: Collect your employment contract, any performance reviews, pay stubs, and correspondence related to your employment and termination.
- Consult with an attorney: An employment law attorney can review the agreement to explain what you are being offered, what rights you are waiving, and whether the terms are fair and enforceable under California law. This is especially important for workers in Manhattan Beach.
- Understand your options: Your attorney can advise you on whether negotiating for better terms is possible or if you have potential claims that would make signing the agreement disadvantageous.
Where is an employment or severance claim filed in Los Angeles County?
In Los Angeles County, an employment case or personal injury claim is generally filed with the Superior Court of California, County of Los Angeles. For residents of Manhattan Beach, cases are typically assigned to the Southwest District's Personal Injury Hub department at the Torrance Courthouse. The Torrance Courthouse is located at 825 Maple Ave, Torrance, CA 90503.
This filing rule is based on Los Angeles Superior Court Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024. Your specific case will be heard in the judicial district where the incident occurred.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means we listen to your situation and explain your options clearly. We focus on understanding your specific employment contract or severance agreement details. Our team works to protect your interests, whether that means negotiating terms, addressing potential claims like those for retaliation, or pursuing litigation.
We handle the legal complexities so you can focus on moving forward. Our goal is to ensure you receive the compensation and fair treatment you deserve. We also assist with other executive employment issues and uphold employee rights for people working throughout Los Angeles County, including those in Agoura Hills, Alhambra, and Carson.
Frequently Asked Questions
What is a severance agreement?
A severance agreement is a contract between an employer and an employee that specifies the terms of the employee's departure from the company. It typically includes compensation, benefits, and a release of claims by the employee against the employer. For a Manhattan Beach resident, reviewing this agreement with a lawyer ensures all terms are fair and understood.
Do I have to sign a severance agreement?
No, you are generally not required to sign a severance agreement. You have the right to review it, negotiate its terms, or refuse to sign. Signing typically means you waive your right to sue the employer for past issues, so understanding what you give up is critical.
How long do I have to decide on a severance agreement?
Federal law, specifically the Older Workers Benefit Protection Act (OWBPA), requires employers to give employees age 40 or older at least 21 days to consider a severance agreement, and 7 days to revoke it after signing. For employees under 40, the timeframe can vary, but most employers still provide a reasonable review period.
What if my employer pressured me to sign a contract?
If you were pressured or coerced into signing an employment contract or severance agreement, its enforceability might be challenged. California law requires contracts to be entered into voluntarily. If you feel you were not given adequate time or were unfairly pressured, discuss this with an attorney.
Ending an employment relationship or dealing with complex contracts in Manhattan Beach can be stressful. Contact Casa Legal Los Angeles today at 888-585-2529 for a confidential discussion about your situation. No attorney's fees unless we win — and no case costs either.