How long do I have to review a severance agreement in Rolling Hills Estates?
If you received a severance agreement, California law usually gives you at least 21 days to review it (29 U.S.C. § 626(f)(1)(B)). Sometimes you get 45 days, especially if multiple people are part of the same layoff.
This review period allows you time to understand the terms before you sign anything. After signing, you typically have seven days to change your mind and revoke the agreement (29 U.S.C. § 626(f)(1)(C)).
What does a severance and contracts attorney do for workers in Rolling Hills Estates?
A severance and contracts attorney helps employees in Rolling Hills Estates understand and negotiate agreements with their employers. This often means reviewing severance packages, employment contracts, and non-compete clauses.
Many times, employers offer a severance package when they lay off an employee or end their employment. This package usually includes money in exchange for giving up certain legal rights, like the right to sue. An attorney makes sure the terms are fair and that you don't sign away more than you should.
Beyond severance, we assist with various employment-related documents. This includes executive compensation agreements, non-disclosure agreements (NDAs), and disputes over bonuses or commissions. Our goal is to protect your interests and ensure you receive the full compensation available under California law.
What steps should I take if I receive a severance agreement?
- Do not sign anything immediately. You have a legal right to review the document and seek legal advice.
- Gather all relevant employment documents. This includes your original employment contract, offer letter, performance reviews, and any communication related to your termination.
- Contact a severance and contracts attorney. An attorney can explain the terms of the agreement, identify any unfair clauses, and help you negotiate for better conditions.
- Understand the deadlines. Be aware of the review period and the revocation period, and make sure you act within those timeframes.
- Consider your options. Do you have a potential claim for wrongful termination, discrimination, or retaliation? If so, the severance agreement might be an attempt to prevent you from pursuing it. Learn more about your options by visiting our main employment law page.
Where would a contract dispute case be filed if I live in Rolling Hills Estates?
A contract dispute claim in Rolling Hills Estates is generally filed in the Superior Court of California, County of Los Angeles. Under local rules, 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).
For Rolling Hills Estates, the appropriate courthouse is the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503. The specific department handling your case will depend on the nature of the dispute.
How long do I have to file an employment or contract lawsuit in California?
Most California claims for personal injury or wrongful death must be filed within two years (Cal. Code Civ. Proc. § 335.1). However, many employment claims, especially those related to contracts, have different deadlines. For example, a claim for breach of a written contract generally has a four-year deadline, while an oral contract claim has a two-year deadline. Claims for wage disputes or specific types of discrimination also have their own time limits.
Additionally, a claim against a city, county, or public agency must be presented within six months (Cal. Gov. Code § 911.2) before a lawsuit can be filed. 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.
What you can recover depends on the specific claim but generally includes lost wages, benefits, and sometimes emotional distress or punitive damages. It is crucial to confirm the specific deadlines and potential damages with an attorney for your own situation.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, you get a dedicated team focused on your rights. We start with a thorough review of your situation and any documents you have, like severance agreements or employment contracts. We explain your legal options clearly, so you understand what is happening every step of the way.
We handle all communication with your employer or their legal team. Our firm works to negotiate the best possible terms for you, whether that means a higher severance payment, better benefits, or modified contract clauses. We represent workers not just in Rolling Hills Estates but also in neighboring communities like Carson and Bellflower. Our approach is always tailored to your specific goals and circumstances.
Frequently Asked Questions
What is a non-compete clause, and can my employer enforce one in Rolling Hills Estates?
A non-compete clause attempts to prevent an employee from working for a competitor or starting a similar business after leaving their current job. In California, non-compete clauses are largely unenforceable (Cal. Bus. & Prof. Code § 16600). California law strongly favors employee mobility, meaning you generally have the right to pursue your chosen profession. There are very narrow exceptions, such as in the sale of a business, but for most employees, these clauses hold no legal weight. If your severance agreement includes one, an attorney can advise you on its unenforceability.
What if I believe I was fired unfairly, but my employer is offering me a severance package?
An employer may offer a severance package even if your termination was unlawful. This package often requires you to waive your right to sue them. If you believe you were terminated due to discrimination, retaliation, or another illegal reason, accepting the severance might mean giving up a valuable claim. You should have an attorney review the severance offer to assess if you have a separate legal claim for wrongful termination, like those discussed on our Rolling Hills Estates retaliation page. An attorney can help you decide if it's better to accept the severance or pursue a lawsuit.
Does a severance agreement cover all my unpaid wages or commissions?
A severance agreement typically addresses your termination from employment and any compensation offered in exchange for a release of claims. It usually does not automatically resolve separate issues like unpaid wages, overdue commissions, or unreimbursed expenses that you are already owed. California law requires employers to pay all earned wages and commissions upon termination (Cal. Labor Code § 201). If your severance agreement tries to include these, an attorney can ensure you receive everything you are legally due, separate from the severance payment itself. Understanding your rights regarding payment of wages is part of your employee rights in Rolling Hills Estates.
Are there situations where I might have less than 21 days to review a severance offer?
The 21-day review period is specifically mandated for employees who are 40 years old or older under the Older Workers Benefit Protection Act (29 U.S.C. § 626(f)(1)(B)). If you are under 40, your employer is not legally required to provide this specific review period. However, it is always advisable to take time to review any legal document and seek legal counsel, regardless of your age. An attorney can still advise you on the fairness of the offer and negotiate for more time if needed, even if the statutory period does not apply.
This is general information, not legal advice. Deadlines have exceptions and must be confirmed with an attorney for your own facts. If you received a severance offer or need help with an employment contract in Rolling Hills Estates, call Casa Legal Los Angeles at 888-585-2529 for a confidential discussion. No attorney's fees unless we win — and no case costs either.