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Many severance packages in California use a formula such as one week's pay for every year of service, or more generous packages might payout a month's pay for every year. Other California packages are based on lump-sum payments. The parties are free to use any formula or payout any amount.
What should be included in a severance agreement?Compensation details.Confidentiality rules following termination.Date of employee's termination.Agreement from both parties in the form of a signature.Details about how long the employee will continue to have access to benefits.More items...
There is no legal requirement under California law that employers provide severance pay to an employee upon termination of employment. Employees should refer to their employer's policy with respect to severance pay.
The new law creates an unlawful employment practice against employers that prevent disclosure of information about unlawful acts of harassment, discrimination or retaliation in the workplace in severance agreements, rendering such agreements unenforceable and against California's public policy.
My employer deceived me into signing a claim of releases that I didn't want to sign. What can I do? Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.