Rancho Santa Fe Severance Negotiations Lawyer

Helping Employees Navigate Severance Agreements 

Losing a job or preparing to leave an employer can bring a long list of questions. One of the most important may be whether to sign a severance agreement and what you may be giving up by doing so. Severance agreements can contain complicated legal language involving compensation, benefits, confidentiality, releases of claims, restrictive provisions, and other obligations. 

At The Gould Firm, we help employees and employers throughout Rancho Santa Fe and the surrounding San Diego area navigate employment disputes and agreements. Our attorneys have experience with California and federal employment law, giving us the perspective necessary to evaluate employment matters from multiple angles. 

We believe employees should understand an agreement before signing it. Our approach is to carefully review the terms, explain what they mean in practical language, and help clients understand the potential advantages and concerns involved in a severance negotiation. 

What Is a Severance Agreement? 

A severance agreement is a contract between an employer and employee that generally establishes the terms under which the employment relationship will end or has ended. 

The agreement may provide financial or other benefits to the employee in exchange for certain commitments. One of the most significant provisions may be a release of legal claims against the employer. 

Depending on the circumstances, a severance agreement may address: 

• Severance compensation 
• Timing and method of payment 
• Continued benefits 
• Health insurance issues 
• Bonuses or commissions 
• Unused vacation or other compensation 
• Confidentiality 
• Non-disparagement provisions 
• Release of legal claims 
• Return of company property 
• References 
• Other post-employment obligations 

The terms vary substantially from one agreement to another. We believe it is important to understand the entire document before deciding whether to accept it. 

You Do Not Always Have to Accept the First Offer 

Employees sometimes assume that a severance package is a take-it-or-leave-it offer. Depending on the circumstances, however, there may be room for negotiation. 

An employer may be willing to discuss certain terms, particularly when there are legitimate reasons for doing so. 

Potential areas of negotiation can include the amount of severance, timing of payments, benefits, treatment of bonuses or commissions, language concerning the employee's departure, and other provisions.

Whether negotiation makes sense depends on the individual circumstances. We can help evaluate the agreement and discuss potential strategies. 

Understanding the Release of Claims 

One of the most important provisions in many severance agreements is the release. 

A release may require an employee to give up certain legal claims against the employer in exchange for the benefits offered under the agreement. 

This can be significant if an employee believes they may have claims involving discrimination, harassment, retaliation, wrongful termination, wage and hour violations, or another employment issue. 

Signing an agreement without understanding the scope of the release can have lasting consequences. 

We carefully examine release provisions and consider how they may interact with the circumstances surrounding the employee's departure. 

Severance May Overlap With an Employment Dispute 

Sometimes an employee receives a severance agreement after an otherwise straightforward termination. In other situations, the proposed agreement arrives after months of workplace problems. 

An employee may have concerns involving: 

• Discrimination 
• Sexual harassment 
• Retaliation 
• Wrongful termination 
• Wage disputes 
• Workplace complaints 
• Employment contract issues 
• Other potential employment claims 

When that happens, the severance agreement should not necessarily be viewed in isolation. 

We look at the circumstances surrounding the employment relationship and departure to determine whether other legal issues may need to be considered before an agreement is signed. 

California Employment Law Can Affect Severance Agreements 

Severance agreements can involve more than contract language. Depending on the circumstances, California and federal employment laws may affect what an agreement can require and how certain provisions should be structured. 

Employees may have rights that they should understand before agreeing to release claims or accept particular obligations. 

The timing of an agreement can also matter. An employee who has just been terminated may feel pressure to sign quickly, particularly when the agreement contains a deadline. 

We encourage clients to understand what they are signing rather than making an important decision solely because they feel rushed.

Contact The Gould Firm Today 

If you have been offered a severance agreement, do not assume that you must simply sign it as presented. The agreement may contain important provisions that affect your compensation, benefits, confidentiality obligations, and ability to pursue potential legal claims. 

At The Gould Firm, we provide personalized employment law representation to employees and employers throughout Rancho Santa Fe and the San Diego area. Our experience representing both sides of employment disputes gives us valuable insight into the negotiation process and the interests of each party. 

If you need help reviewing a severance agreement, negotiating better terms, or understanding how an agreement may affect your employment rights, contact The Gould Firm today. Reach out to our Rancho Santa Fe severance negotiations lawyers to discuss your circumstances and learn how we can help you approach your severance agreement with greater confidence.