After being laid off from a job in South Gate, you might have been given a severance agreement. These documents often include legal language about waiving future claims or agreeing not to compete, which can have significant long-term effects.
You do not have to sign a severance package on the spot. California law protects employees, and you have the right to review any proposed contract with an attorney before making a decision.
Can I still negotiate my severance if I already signed a contract in South Gate?
Whether you can still negotiate depends on the specific terms of the contract you signed and how long ago you signed it. Most severance agreements include a revocation period, typically seven days, during which you can change your mind after signing.
If you signed under duress, or if the agreement violates California law, you may have options even after the revocation period. A lawyer can review your situation and tell you what your choices are.
Where do I file a lawsuit concerning a contract dispute in South Gate?
If your employment contract dispute cannot be resolved through negotiation, a lawsuit would generally be filed in the Superior Court of California, County of Los Angeles. For residents of South Gate, cases like these often go to the Norwalk Courthouse at 12720 Norwalk Blvd, Norwalk, CA 90650.
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). This specific rule applies to personal injury cases, but contract disputes are handled through the civil court system.
What is the deadline to file a claim about a contract dispute?
The deadline to file a claim related to a written contract is generally four years, and for an oral contract, it is two years. However, various factors can shorten or extend these periods.
Most California personal injury claims must be filed within two years (Cal. Code Civ. Proc. § 335.1). However, a claim against a city, county, or public agency, such as a school district in South Gate, must be presented within six months (Cal. Gov. Code § 911.2).
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 should I do after receiving a severance package?
- Do not sign anything immediately: You have a legal right to review the document and seek legal counsel.
- Gather all employment documents: Collect your employment contract, offer letter, performance reviews, termination letter, and any other relevant records.
- Note any promises or agreements: Write down any verbal agreements or promises made to you during your employment or separation.
- Contact an attorney: An attorney can explain the terms of the severance agreement and help you understand what you might be giving up by signing it. We help South Gate workers understand their rights.
- Understand the financial implications: Review the proposed severance pay, benefits continuation, and any potential tax implications with your lawyer.
What kinds of contract and severance issues does Casa Legal Los Angeles handle?
Our law firm represents employees dealing with many types of employment contracts and severance issues. This includes reviewing severance agreements, negotiating terms, and litigating disputes related to employment contracts.
We work to ensure that employees in South Gate receive fair treatment and compensation. Our focus is on protecting employee rights, including those involving retaliation and whistleblowing or general employee rights issues.
We also advise executives on their employment contracts, from compensation and benefits to non-compete clauses. Whether you are in Bellflower or Agoura Hills, our firm can help you understand your options.
What is involved in working with Casa Legal Los Angeles?
When you work with us on a severance or contract matter, we start by listening to your situation. We review all your documents and discuss your options under California employment law. Our firm focuses on employment law, including helping workers in Alhambra and Carson.
We then develop a strategy tailored to your goals. This might involve negotiating with your former employer to improve severance terms or taking legal action if your rights were violated. Our aim is to achieve the best possible outcome for you.
We work on a contingency fee basis. No attorney's fees unless we win — and no case costs either.
Frequently Asked Questions
What is a severance agreement?
A severance agreement is a contract between an employer and a departing employee, usually offered in exchange for a release of claims the employee might have against the employer. It typically outlines the terms of an employee's departure, including financial compensation, benefits, and any restrictions on future employment.
How much time do I have to review a severance package?
Under federal law (the Older Workers Benefit Protection Act), if you are over 40, you must be given at least 21 days to review a severance agreement and 7 days to revoke it after signing. If you are under 40, California law does not specify a minimum review period, but your employer must provide a reasonable amount of time.
Can I challenge a non-compete clause in my contract?
California generally prohibits non-compete clauses, with very narrow exceptions. If your contract from a South Gate employer includes a non-compete clause, it is likely unenforceable under California Business and Professions Code Section 16600. An attorney can review your specific clause and advise you on its enforceability.
How does Casa Legal Los Angeles charge for contract review?
Our firm handles severance and contract disputes on a contingency fee basis. This means you do not pay attorney's fees unless we successfully recover compensation for you. We also absorb all case costs if there is no recovery, which means no out-of-pocket legal expenses for you.
If you have questions about a severance agreement or an employment contract, reach out to Casa Legal Los Angeles. Call us at 888-585-2529 for a consultation. This content is general legal information, not legal advice, and creates no attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for your specific facts.