If you are an employee in California who has been terminated and offered a severance agreement, it is important to understand your rights and the legal requirements that must be met in these agreements.
California law requires that severance agreements must be in writing and signed by both the employer and employee. The agreement must also state that the employee has the right to consult with an attorney before signing the agreement and provide them with a copy of the agreement.
Severance agreements typically offer a monetary payment to the employee in exchange for waiving their right to sue the employer for any potential legal claims. However, under California law, employees cannot waive their rights to file a claim for certain types of violations, such as discrimination, harassment, and retaliation.
In addition, California law prohibits employers from retaliating against employees who refuse to sign a severance agreement or who file a complaint with a government agency. It is also illegal for employers to discriminate against employees based on their age, gender, race, or other protected characteristics in the process of offering a severance agreement.
If you have been offered a severance agreement, make sure to carefully review the agreement and consult with an attorney if necessary. An experienced employment lawyer can help you understand your rights and ensure that the agreement meets the legal requirements under California law.
In summary, California law provides important protections for employees in the context of severance agreements. If you are faced with a severance agreement, it is important to understand your rights and consult with an attorney to ensure that your legal rights are protected.