Severance agreement and confidentiality of terms?

In 1999 the California Legislature enacted the Uniform Electronic Transactions Act (the “UETA”), Civ. Code, §§ 1633.1 et seq., which provides that when a law requires a record to be in writing or requires a signature, an electronic record or signature satisfies the law. The law requires that any contract entered into between two parties may not be denied legal enforceability simply because of the use of an electronic signature. This has also be upheld in the employment law setting in some case law.

I have drafted hundreds of non-competes and non-solicitiations (usually for the employer - always better to hire the other side when hiring lawyers). Thus I can provide you a review of the agreement in light of your career, and suggestions for improvement.

There are two main types of Severance Agreements. One is signed at the beginning of an employment relationship and the other is signed at the end. When a Severance Agreement is signed at the beginning of an employment relationship, "severance" is what the employer promises to pay (above and beyond the employee's regular wages) when employment terminates i.e. when the parties "sever" ties. The sum of severance pay is typically calculated by how long the employee had been employed by the company at the time of separation. Before signing this type of Severance Agreement, a prospective employee should be sure that it clearly defines all the important terms and conditions. For example, the Severance Agreement may address how long the employee must be employed to become eligible for severance pay, how long after termination the severance pay will be paid, whether severance pay will be paid in a lump sum, and what could cause the employee to forfeit severance pay.

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.

Generally, in Florida, severance is a gift. $1 of severance is usually $1 more than an employer is obligated to provide. An offer of severance may be required if an employee has an employment agreement providing for severance or is otherwise subject to a collective bargaining agreement that provides for severance. Severance agreements that are only offered to certain employees in a discriminatory manner (such as based on age, religion, national origin, sex, etc) may be a violation of local, state and/or federal law.