California Employment Separation Agreement Template
When an employee signs a severance agreement, this is usually accompanied by an unblocking or waiver that waives your right to sue the company. If you received a compensation package without signing a waiver or release, you can sue your employer. James J. McDonald Jr., J.D., SHRM-SCP, SPHR, is Managing Partner of Irvine, Calif., office of fisher – Phillips LLP. His practice includes trials, arbitration proceedings and labour law appeals. He also has more than 25 years of experience advising California employers on all aspects of labor and labour law, strategic personnel issues and preventing work requests and lawsuits. He received his bachelor`s degree from New College in Florida and his cum laude law studies from Georgetown University. In return, the worker must respect the separation agreement, the employer must take into account some kind of von. Consideration is an amount that can be legally remitted as payment to a natural or legal person for the purpose of fulfilling an obligation. For it to be considered legitimate, it must be useful with respect to what is requested. For example, a $100 payment to the employee for a list of claims that severely affects the employee`s ability to find a new job may seem unfair to a court. If two or more employees are laid off on the same day or in a short period of time for the same reason (. B for example, the reduction of the rules), if at least one of them is 40 years of age or older, the following complementary language must be included in the severance agreement: a redundancy agreement involving the release of rights is a good option to take into account when an employee is to be dismissed but there is little or no prior documentation.
Poor conduct or performance problems. If the employee signs the severance agreement, the risk of legal action is almost completely excluded. A valid discharge of claims must be informed and voluntary to be enforceable. It is therefore important that severance agreements be drafted, as far as possible, in simple language that the worker can understand.