Review Severance Agreement in California for Business (2024)

My answer depends on many factors. First, if you are an "at will" employee (no employment contract), the employer can fire you for zero reason and with zero notice, and you have no rights unless you can prove that the employer is violating state or federal law (such as firing you for illegal discriminatory reasons, for submitting a safety complaint, or something similar). If you do have an employment contract, or possibly if you are 40 or older, you have the right to be given 21 days to review a severance proposal. I suggest that you submit a proposal here on Contracts Counsel, with a short turnaround, and ask an employment attorney to review the proposal and your employment situation with you. I generally engage in this sort of review myself, but, unfortunately, am not available until the end of January. Another option is to find an attorney through this national employee's attorney organization: NELA.org In either case, prepare yourself to pay $300 - $500 for a thorough review and discussion. Good luck to you.

Severance Agreements are often presented to employees as a "take it or leave it proposition": however, it has been my experience that many of the underlying provisions of these severance agreements are, in fact, negotiable. Also, as an employee, you are not without rights...a fact that is often, though reluctantly, recognized by employers. the agreements prepared on behalf of employers are often heavy handed and should not be entered into by the employee without advice of coounsel./