Q: Employer wants to get out of agreed-upon severance agreement (California)
My severance agreement with my employer stated I would receive continued salary payments (representing my severance pay) until the stay-at-home order is lifted in California. Now that they realize this may go on for several more months, my employer has asked me to release them of their obligation next month and said they would send me a revised agreement. Is this allowed or would it be breach of contract of a legally enforceable agreement?
A:
If you entered into a written severance agreement, this could be a legally enforceable agreement, even with changed circumstances. You need an attorney to review both the old agreement and the proposed new agreement to advise you of your rights.
Justia disclaimers below, incorporated herein.
A:
It is not a breach to ask you to sign a new agreement. If you sign the new agreement, that will be the agreement that controls your relationship with the former employer.
It would be a breach if the employer simply stopped paying according to the terms of the severance agreement because you refused to sign a new one.
It is completely up to you to decide if you wish to modify the prior agreement or not.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
