Release of claims
Most agreements release all known and unknown claims against the employer, often with a waiver of Civil Code §1542. Some rights, such as unpaid wages already earned, generally cannot be waived this way.
Severance agreements and contracts · California
Asked to sign on the way out?
Read it before you release anything.
A severance agreement usually trades a payment for your release of legal claims. Once signed, it can be hard to undo. In California, most non-compete clauses are void. An independent employment attorney reviews the agreement, explains what you give up and whether the terms can be improved.
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The essentials
What matters before you sign?
Time to consider
If the agreement restricts what you can say about unlawful acts at work, California law requires certain carve-out language, notice that you may consult an attorney and at least five business days to consider it.
Age 40 and over
Federal law gives employees 40 and over who release age claims at least 21 days to consider (45 in a group layoff) and 7 days to revoke after signing.
Non-competes are void
Under Business and Professions Code §16600, contracts that restrain anyone from a lawful profession, trade or business are generally void in California, with narrow exceptions such as the sale of a business.
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What you can have
ready for the call.
You don’t need to upload anything in the form. These documents can help later:
- The severance agreement and any cover letter or deadline
- Your employment contract, offer letter and any confidentiality or non-compete agreement
- Your equity, bonus or commission plans, if any
Do not sign before you know whether you might have claims worth more than the offer. Ask in writing for more time if you need it. An enquiry does not stop any deadline.
You may still be wondering …
Before we
talk.
Is my employer required to offer severance?
In most cases, no. California law does not generally require severance pay, unless a contract, policy or plan promises it. That is why the terms are often negotiable.
My old employer says my non-compete still applies. Does it?
In California, most non-competes are void and unenforceable, regardless of where they were signed. Confidentiality and trade secret obligations can still apply. An attorney can check your specific clause.
What does the first call cost?
The first call is free and without obligation. If you want an attorney to take on your matter, the attorney explains the scope and fee arrangement in writing before any work starts.
What happens after I send my request?
Our intake team reviews your request and gets in touch to clarify it and arrange the call. Sending the form does not create an attorney-client relationship and does not book an appointment.
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