I draft, examine, and work out the details of severance pay and unemployment agreements for the optimal remuneration. A knowledgeable severance attorney understands the severance pay laws and is familiar with negotiating severance agreements.
I have the experience to negotiate severance pay. A severance agreement, like an agreement for severance pay and unemployment, offers compensation to an employee for work accomplished. At my law firm, I educate clients about the fact that such agreements include a release being signed, thus surrendering one’s rights against an employer. For this reason, it’s critical to find out as much as possible about severance pay laws, and a professional should support you.
Some employers will include language in severance packages calling for the employee not to compete against the employer in the future. Such non-compete clauses are rarely enforceable in California because, among other reasons, they would undermine the vital public policy in favor of allowing people freedom to pursue employment.
But, while a non-compete clause in an agreement is unlikely to be upheld by a court, it may be unwise to simply sign the agreement based on the assumption that the employer will not attempt to enforce the clause at some point in the future. Even a losing effort on the employer's part to enforce a non-compete clause could cause you problems. In addition to attorney fees and other stresses associated with litigation, your relationship with your new employer or new clients could be extremely compromised. It is best to have the non-compete clause removed from the severance agreement prior to signing, or at least to have its scope narrowed. You can attempt to accomplish this on your own or you can hire an attorney with experience negotiating settlement agreements regarding this and other important issues.
I will examine the employment histories for possible previous violations and evaluate your case in compliance with severance pay laws. As a knowledgeable severance attorney, I can help you decide to accept offered payments and benefits or inform you about other options available to petition for further severance pay and unemployment. Contact me today for a consultation.