While you don't necessarily need a lawyer to negotiate severance, having one can be advantageous, especially in complex situations or if you're unsure about the legal and financial implications of your severance agreement.
Severance is never a requirement of any employer unless you have a signed employment agreement stating otherwise, or, it is a written policy of the company.
While you don't necessarily need a lawyer to negotiate severance, having one can be advantageous, especially in complex situations or if you're unsure about the legal and financial implications of your severance agreement.
Although being let go from a job is a stressful experience, you might be able to negotiate the terms of your severance package to suit your needs while finding another employer.
It makes no difference how long you've been with a company so yes, it's legal to lay off any and everyone without severance. The exceptions: a union agreement requiring severance, a personal contract calling for a severance. This is usually only for executives and ``key'' people.
By not signing the agreement, you can retain your right to pursue legal action against your employer for discrimination, harassment, wrongful termination, breach of contract, and various other reasons. Negotiation Leverage: Refusing to sign the agreement can provide leverage for negotiation with your employer.
Lack of Voluntary Consent: Under California law, a severance agreement can be considered valid and enforceable only if the parties entered into it voluntarily. If your consent was obtained through coercion, duress, or fraud, the agreement will be deemed invalid.
Severance packages are typically offered to executives and employees who are laid off due to downsizing or restructuring. They are not usually offered to people who resign or who are fired for poor performance or other causes.