Severance Agreements San Diego

Employers in San Diego and across California offer severance packages for many reason. Three of the most common reasons are:

  • They want to downsize their operations
  • They wish to replace higher-paid employees with younger employees who they can pay less
  • They want employees to give up important employee rights in return for a small payout

The best thing you can do before you accept any severance package is to consult with an experienced severance pay lawyer. This is true for managers and supervisors as well as they every-day laborer. It’s true for both private employees and public employees

The release from liability form

Employers usually require that if you accept a severance package you also agree to release the employer from any liability. In short, the employer wants you to agree that once you are paid, you can’t file any claim against the employer. You need to review with a lawyer what claims you may have. In some cases, you may be entitled to overtime pay or vacation pay. If there is an employment contract, you may be entitled to stock options and a buyout share. Employees who have worked with the company for a few years or more are usually entitled to some form of retirement benefits.

In addition to contractual claims, you may have claims based on employer misconduct. These claims (for money, punitive damages, and statutory damages) include:

  • Discrimination cases. Many employers, especially larger employers, cannot discriminate against an employee based on their race, gender, religion, disability, age, national origin, or other factors such as pregnancy. Employers can’t threaten to fire someone if they don’t sign the release form if the firing is discriminatory.
  • Wrongful termination. Employers generally can’t retaliate against you if you file a whistleblower claim or files a workers’ compensation claim. This prohibition applies to workers who testify on behalf of other workers too.
  • Creation of a hostile environment. Employers can’t make work so uncomfortable for an employee that feel pressure to quit. Lewd comments, verbal abuse, continual lousy work assignments, and other actions may create a hostile work environment.
  • Sexual abuse or harassment. Employers and their staff can’t pressure you to provide sexual favors in return for a promotion. They can’t take advantage of you due to you sex by touching you, verbally abusing you, or mistreating you due to your sex.

Workers also have other rights such as the right to request leave under the Federal Medical Leave Act.

How a San Diego severance pay lawyer helps negotiate your financial interests when an employer offers a severance pay package

A skilled San Diego employee rights lawyer will also review and bargain for the following financial benefits:

  • Any rights under a written employment contract
  • More severance pay
  • The right, if possible, to claim unemployment compensation and severance pay
  • COBRA insurance – the right to continue your company health insurance – usually for a year and a half – provided you pay the premiums. Work insurance premiums are usually lower than getting insurance on your own
  • Tax considerations such as adjusting the payment for a year when you’re in a lower tax bracket or trading off the severance pay for a non-taxable benefit

Additionally, a skilled San Diego lawyer may work to protect any severance pay or retirement benefits if the company goes out of business

Contact our San Diego employee rights lawyers for a thorough review or your severance pay package

We have been fighting for employees throughout California for more than 40 years. Stephen Danz & Associates works towards achieving just settlements. We only recommend going to court if it is in your best interest. Most severance disputes are settled without going to trial – on a partial or full contingency basis. If we don’t improve your package, you may owe us nothing. There are major tax advantages to a well-structured settlement (always consult with your tax advisor)

Our lawyers are sophisticated severance negotiators. We understand both state and federal law and we welcome the opportunity to discuss your case with you.

To understand your rights, contact Stephen Danz & Associates at (877)789-9707 before you sign any papers or accept any payments. Se habla espanol.