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Should I Have An Employment Lawyer Review My Severance Package Before Signing?

At Eldessouky Law, our Anaheim severance agreement lawyer has successfully represented Anaheim, California employees whose rights have been violated by their employers during termination contract negotiations for over a decade. If a job loss is on the horizon, there are several things you should know about severance packages before you sign the dotted line and absolve your employer from any future legal consequences that may be enforced for your termination.

Why Am I Being Given A Severance Agreement?

Not all companies provide severance packages for their outgoing employees, as no employer is legally obligated to offer the agreement. If you have been given a severance agreement, its contents will explain your rights and responsibilities upon termination. The contract will usually include a financial component, so you are awarded for your time at the company and have time to seek new employment. It will also state that your employer cannot be pursued for wrongful termination in the future. You should have an Anaheim, California severance agreement attorney review the document before signing, to ensure your rights are not violated in any way.

Non-Compete Agreements Are Void In California

Most states approach non-compete agreements and their enforcement by weighing the reasonable aspect of its existence. Simply put, a previous employer cannot stop a former employee from going to work for a competitor in a reasonable role unless they want a costly court case to follow.

This does not apply in the State of California, where non-compete agreements are void. If an employer fires or refuses to hire someone because they will not sign a non-compete agreement, that employer can be held legally liable for their interference with the law.

Likewise, any employer who interferes with a former employee’s ability to work for a new employer can be held legally liable for trying to enforce a non-compete claim that is not valid.

However, the exception to the rule is that trade secrets and proprietary or confidential information obtained by an employee during their employment with one company cannot be used as a tool at their new place of employment.

If you are concerned about your former employer’s reach in disrupting your potential or current employment, contact our employment law attorney today for more information regarding your rights.

Contract Specifications: Are Your Rights Protected?

The details of a severance agreement are designed to protect the employer — not you. The language that is included in this legally binding document releases the employer from any future litigation regarding wrongful termination.

If you believe your employment is ending for any of the following reasons, DO NOT sign a severance agreement until you have talked to an experienced employment law attorney in Anaheim, California:

  • You have filed a workers’ compensation, discrimination, or harassment claim against your employer
  • You have legally taken time off work, which is covered by your state and federal rights
  • You have reported safety hazards or dangerous conditions in the workplace
  • You refuse to exchange personal, financial, or sexual favors for a raise or promotion
  • You refuse to engage in illegal activity or have reported it happening to the proper authorities

Wrongful termination is easily swept under the rug by employers who provide severance packages to vulnerable employees. Employers know that losing a job can wreak financial havoc on the person who is being terminated and their families. And often, the promise of a monetary cushion will soften the blow.

Do not let your employer take advantage of your position or interfere with your future employment opportunities. Contact our employment law attorney at Eldessouky Law in Anaheim, California today at (714) 923-4350 for sound advice and the representation you need to pursue justice.

Eldessouky Law - 2016 - 2019.
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