Should I sign a severance agreement without having a lawyer review it first in Palmdale?
No, you should not sign a severance agreement without an attorney review. A severance agreement is a legally binding contract, and signing it without understanding all its terms can prevent you from pursuing future claims against your former employer.
Many agreements include clauses that waive your rights to sue for wrongful termination, discrimination, or other employment law violations. Once you sign, it is very difficult to undo those waivers, even if you learn later that you had strong grounds for a claim.
What kinds of employment contract issues do Palmdale workers face?
Workers in Palmdale face various employment contract issues, from disputes over severance packages to disagreements about non-compete clauses. Sometimes an employer presents a contract that severely limits your future career options, or tries to enforce a non-solicitation agreement that goes too far.
Employment law also covers issues like breaches of contract, where an employer fails to uphold their end of an agreement regarding pay, benefits, or job duties. Employers might also try to classify employees incorrectly, such as calling an employee an independent contractor to avoid providing benefits or paying overtime. If you are an executive in Palmdale, you might face different issues, such as negotiating a complex executive compensation package or disputing the terms of a golden parachute agreement. Casa Legal Los Angeles assists workers with a full range of employment contract and severance issues, including all areas of employment law.
What should I do after receiving a severance package or employment contract in Palmdale?
- Do not sign anything immediately: You are generally entitled to a reasonable amount of time to review a severance agreement. For workers over 40, federal law gives at least 21 days to consider a severance package and seven days to revoke it after signing.
- Gather all relevant documents: Collect your employment contract, offer letter, performance reviews, termination notice, and any other communications related to your employment or departure.
- Make notes about your employment: Write down any incidents you believe were unfair, discriminatory, or unlawful. Include dates, names of witnesses, and details of what happened.
- Consult an employment attorney: An attorney can explain your rights, identify potential claims you might be waiving, and negotiate better terms for your severance package. This review ensures you understand the full implications of the document you are considering.
Where do employment contract disputes get filed in Los Angeles County?
In Los Angeles County, employment contract disputes are generally filed in the Superior Court of California, County of Los Angeles. For residents of Palmdale, a personal injury case (which many employment-related claims can resemble) 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). This typically means your case will be heard at the Michael D. Antonovich Antelope Valley Courthouse at 42011 4th St West, Lancaster, CA 93534.
A claim against a public entity in Palmdale, such as the city or a local agency, has special rules. You must present a formal claim to the public entity within six months of the incident (Cal. Gov. Code § 911.2) before you can file a lawsuit.
How long do I have to file an employment-related lawsuit in California?
Most California personal injury claims, including many employment-related claims involving harm, must be filed within two years (Cal. Code Civ. Proc. § 335.1). This two-year period typically starts from the date of the injury or the event causing the dispute. However, a claim against a city, county, or public agency, such as a school district or public hospital, must be presented within six months (Cal. Gov. Code § 911.2). This six-month deadline is strict and missing it can permanently bar your claim.
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.
California law allows for recovery of various damages, including lost wages, benefits, and emotional distress, depending on the specific facts of your case. For example, if you were retaliated against for speaking up, a Palmdale retaliation attorney can explain your options. Similarly, a Palmdale employee rights attorney can help assess potential claims arising from discrimination or harassment.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles starts with a thorough review of your situation. We listen to your concerns, examine your documents, and explain your rights and options under California employment law. We assess the strengths and weaknesses of your potential claims and help you understand what you might be waiving by signing a severance agreement.
If you choose to move forward, we handle communications with your employer or their legal team. We aim to negotiate the best possible terms for your severance, including fair compensation and protections for your future. If negotiation is not enough, we are prepared to represent you in litigation to pursue the full compensation available under California law. Our firm also assists individuals in nearby cities like Agoura Hills and Alhambra with their employment concerns.
Frequently Asked Questions
What is a non-compete clause, and can it be enforced in California?
A non-compete clause is a contract provision where an employee agrees not to work for a competitor or start a similar business for a specified period after leaving their current job. In California, most non-compete clauses are unenforceable under Business and Professions Code Section 16600, which protects an individual's right to pursue any lawful profession. There are narrow exceptions, primarily related to the sale of a business.
How much time do I have to review a severance agreement?
The time you have to review a severance agreement can vary. For employees over 40, the Older Workers Benefit Protection Act (OWBPA) requires employers to provide at least 21 days to consider the agreement and 7 days to revoke it after signing. For employees under 40, there is no specific federal law, but a reasonable amount of time should be provided, typically a week or more. You should always use this time to seek legal advice.
Can I negotiate the terms of a severance agreement?
Yes, you can absolutely negotiate the terms of a severance agreement. Many employers expect some negotiation. An attorney can help you ask for a larger severance payment, continuation of benefits, outplacement services, a positive reference, or changes to restrictive clauses like non-disparagement or confidentiality agreements. Having an attorney negotiate on your behalf can often lead to a more favorable outcome than negotiating alone.
What if I believe I was wrongfully terminated from my job in Palmdale?
If you believe you were wrongfully terminated from your job in Palmdale, you should consult with an employment attorney immediately. Wrongful termination occurs when an employer fires an employee for an illegal reason, such as discrimination, retaliation for reporting illegal activity, or in violation of an employment contract. An attorney can evaluate your case, determine if your termination was unlawful, and help you pursue compensation for damages such as lost wages and emotional distress. You can also explore options with a Palmdale executive employment attorney if your situation involves high-level employment issues.
If you are facing an employment contract dispute or have questions about a severance agreement in Palmdale, do not hesitate to seek legal guidance. Call Casa Legal Los Angeles today at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.