Severance Agreements
If one or more of your employees are disputing terms and guidelines for a Severance Agreements, or in your estimation have breached a severance clause or contract to the detriment of your company, we are the Central Coast law firm that protects your rights.
We are Anticouni & Ricotta in Santa Barbara, California — for 48 years, the trusted name in employment defense matters of all kinds.
Our accomplished legal team represents of employers in breach of contract and delicate severance compensation negotiations. When a departing executive, manager or staff member is uncooperative during negotiation of any employment contract, we are the law firm you want on your side.
Anticouni & Ricotta skillfully handles Employment Contracts centering on:
- Severance pay
- Noncompete, nondisclosure and non-disparagement clauses
- Payment of deferred income
- Methods of termination
- Insurance benefits paid by the company
- Exercise of stock options
Has a severed employee claimed to be the victim of Sexual Harassment or racial discrimination? Our versatile lawyers investigate and advocate in ways that safeguard employee interests — and aggressively litigate on your behalf in court if necessary.
For proactive guidance on the wording of a Severance Agreements, and quality counsel for any Employment Contract, including the breach of a contract, contact us.
Frequently Asked Questions On Severance Agreement
When dealing with severance agreements in California, understanding your legal obligations is critical. With the answers below, we aim to provide clarity on severance agreements.
What is the role of the Age Discrimination in Employment Act (ADEA) in California severance agreements?
Employers in California must consider the ADEA when offering severance agreements to employees aged 40 or older. The ADEA is designed to protect older workers from discrimination in employment decisions, including layoffs or terminations. Its role in severance agreements includes:
- Ensuring voluntary acceptance: Employees must receive clear information about their rights under the ADEA before signing a severance agreement.
- Providing review time: The law requires a minimum review period, often 21 days, for employees to consider the agreement, especially in group layoffs or terminations.
- Allowing revocation: After signing, employees have seven days to revoke the agreement, making sure their decision is fully informed and voluntary.
Compliance with the ADEA helps employers reduce the risk of claims and strengthens the enforceability of the severance agreement.
What should I do if an employee refuses to sign a severance agreement?
If an employee in California refuses to sign a severance agreement, it is important to handle the situation carefully to avoid disputes or claims:
- Communicate clearly: Explain the terms and benefits included in the severance package.
- Consider negotiation: Some employees may request changes or clarifications to the agreement.
- Document the process: Keep records of all discussions and offers to demonstrate fairness.
Even if an employee declines, having a well-documented process can protect the company. Consulting with a California employment attorney helps ensure your response aligns with labor laws and mitigates potential liability.
What are my options if I believe an employee is going to sue me despite signing a severance agreement?
Even after signing a severance agreement, employees may pursue legal action. Employers in California have options to protect themselves:
- Review the agreement: Try to ensure all legal requirements, including ADEA compliance, were met.
- Engage a legal team: A skilled California employment attorney can assess enforceability and advise on defensive strategies.
- Consider mediation or settlement: Negotiating a resolution can limit costs and reduce litigation risk.
Proactively addressing potential claims helps protect your business and demonstrates a commitment to lawful and fair practices. Legal guidance is essential in minimizing exposure and enforcing your severance agreements effectively.
Arrange Your Initial Consultation With Anticouni & Ricotta
Reach our lawyers by phone at 805-699-5968 or by email message from this website.