Severance Agreements
California Severance Agreement Attorneys for Employees
When an employee is laid off, terminated, or asked to sign a severance agreement, the decision can affect compensation, legal rights, future employment, unemployment benefits, and the ability to bring workplace claims.
Buchsbaum Haag represents employees in California severance matters, including review, negotiation, and litigation when an employer may have violated the law. Our attorneys help workers understand what they are being asked to sign, whether the offer is fair, and whether the agreement protects or limits their rights.
Severance Agreements
California Severance Agreement Attorneys for Employees
When an employee is laid off, terminated, or asked to sign a severance agreement, the decision can affect compensation, legal rights, future employment, unemployment benefits, and the ability to bring workplace claims.
Buchsbaum Haag represents employees in California severance matters, including review, negotiation, and litigation when an employer may have violated the law. Our attorneys help workers understand what they are being asked to sign, whether the offer is fair, and whether the agreement protects or limits their rights.
Proactive Legal Representation
Employees usually come to us with one or more of these concerns:
PROTECT INTERESTS
You may not have an active dispute with your employer but want to make sure the severance agreement does not contain terms that could harm your financial, legal, or professional interests.
NEGOTIATE AGREEMENTS
You may believe the severance offer does not reflect your tenure, compensation, circumstances of termination, or potential legal claims. We can evaluate the offer and negotiate for improved terms when appropriate.
ASESS & STRATEGIZE
You may believe you were wrongfully terminated or pressured to sign away valuable claims. We can assess the strength of your potential case and help you decide whether to accept, negotiate, or pursue legal action.
Our Severance Agreement Process
We have a great deal of experience working with all of these scenarios. Additional issues that come up in severance agreements are questions about the legality of non-compete agreements, tax questions related to the severance, and how the severance may impact your rights to unemployment.
-
1. REVIEW
We conduct a line-by-line review of the severance agreement, including compensation, release language, confidentiality, non-disparagement, restrictive covenants, tax issues, and potential legal claims.
-
2. CASE ASSESSMENT
We evaluate the circumstances surrounding the termination, including whether the facts may support claims involving retaliation, discrimination, harassment, whistleblower activity, unpaid wages, or wrongful termination.
-
3. NEGOTIATION
If the severance offer is inadequate or the agreement contains problematic terms, we can negotiate with the employer or its counsel for stronger financial and legal protections.
-
4. RESOLUTION OR LITIGATION
Many severance matters resolve through negotiation. If the employer acted unlawfully or the severance offer does not adequately address serious violations, litigation may be an option.
Know Your Rights
A severance agreement is a contract that typically offers pay or benefits in exchange for a release of legal claims. Before signing, California employees should understand what rights they may be giving up and whether the agreement affects potential claims involving wrongful termination, retaliation, discrimination, harassment, unpaid wages, whistleblower activity, or WARN Act rights.
California Business and Professions Code §16600
Generally prohibits employment non-compete provisions that restrict a person from working in a lawful profession, trade, or business.
California Labor Code §925
Restricts certain agreements that require California employees to resolve claims outside California or give up California legal protections.
California Labor Code §§201–203
May apply when final wages, commissions, or earned compensation are not paid on time after termination.
California WARN Act
May apply when employees are affected by qualifying mass layoffs, relocations, or terminations.
Employees may also retain the right to file a charge with a government agency or participate in an agency investigation, even when a severance agreement includes a release of claims.
The WARN Act and Mass Layoffs
Employees affected by a mass layoff, plant closure, or relocation may have rights under federal or California WARN Act laws. In California, covered employers generally must provide at least 60 days’ advance written notice before certain qualifying mass layoffs, relocations, or terminations.
If an employer failed to provide required notice, employees may have claims for compensation tied to the notice period. A severance agreement offered during a layoff should be reviewed carefully to determine whether WARN Act issues, unpaid wages, or other employment claims may exist.
Potential Outcomes
A severance matter may result in:
- Improved severance pay
- Extended health benefits or COBRA-related payments
- Revised confidentiality or non-disparagement terms
- Removal or narrowing of problematic restrictions
- Clarification of unemployment-related issues
- Preservation of certain legal rights
- Resolution of potential employment claims
- Litigation when negotiation is not appropriate
Timelines vary. A straightforward severance review may move quickly, while negotiations or disputed claims can take longer depending on the employer, the agreement deadline, and the strength of the underlying legal issues.
What We’ve Achieved for Clients
Buchsbaum Haag attorneys have obtained settlements, awards, and verdicts exceeding $50 million on behalf of employees in California workplace disputes, including matters that began with severance review and negotiation. Past results do not guarantee future outcomes.
Frequently Asked Questions
Yes. A severance agreement may require you to release legal claims, accept restrictive terms, or give up leverage connected to your termination. A lawyer can explain what the agreement means and whether the offer is reasonable.
Yes. Severance agreements can often be negotiated, especially when the employee has potential claims involving wrongful termination, retaliation, discrimination, harassment, whistleblower activity, unpaid wages, or other workplace violations.
Often, yes. Many severance agreements include a release of claims. Before signing, employees should understand which claims are being released and whether any rights are preserved.
California generally prohibits employment non-compete provisions, subject to limited exceptions. Employees should still have these clauses reviewed because employers may include language that could affect future work or create confusion.
Key issues include the severance amount, release of claims, payment timing, benefits, confidentiality, non-disparagement, unemployment language, restrictive covenants, WARN Act rights, and any deadline to sign.
Contact Our Severance
Agreement Lawyers
If you have been offered a severance agreement after a layoff, termination, or workplace dispute, Buchsbaum Haag can review the agreement, explain your rights, and help determine whether negotiation or legal action may be appropriate.
Buchsbaum Haag represents employees in severance agreement matters throughout Southern California, including Long Beach, Los Angeles, Orange County, and surrounding communities. Our office is located in Long Beach.
To arrange a free initial consultation, call 562-733-2498. Hablamos español.