Q: Do I need a lawyer to review an employment separation agreement?
Laid off 10/2. Reason was reduction in company expenses due to lack of sales from Covid-19. Male, 61 with disabilities. Employment duration 8 years 11 months. All performance reviews have been very good to excellent. Younger less experienced and lower paid employees not affected. Received a separation agreement from former employer but am not sure if it is in my best interest financially and/or legally to accept this agreement. Should I have a contract lawyer or employment lawyer review the agreement? I am in Riverside, former employer is in Irvine.
A: I would always have a lawyer review your contracts unless you are 110% certain that you completely understand every word. Once you sign it, you are legally bound to it forever, so even just a quick review can help you ensure you're not getting screwed in any way. If you would like my assistance I'd be happy to help. email me at jason@altviewlawgroup.com to discuss.
Zaher Fallahi agrees with this answer
A:
A separation agreement is really nothing more than a settlement agreement. The employer is offering to settle any claims you may have against it in exchange for a payment of money. Whether or not you sign the agreement as presented or not will depend whether you have any valuable claims. You may not want to agree to release the employer if you have a valuable claim of age or disability discrimination.
The prudent move is to take the agreement to an attorney and explain all of the issues. Not only will a consultation allow you to fully understand the terms you are agreeing to, but you will be able to know precisely what you are giving up, or alternatively, you can discuss the options for dealing with your viable claims.
Locate and consult with an employment law attorney.
Good luck to you.
A:
I hate being equivocal. DON'T SIGN THE AGREEMENT until it is reviewed by an attorney. Your facts raise issues of age discrimination and this could be a case more valuable than what they are offering, unless what they are offering you is equivalent to a year's salary plus benefits. If that is the case, then they really think they are over the barrel already, cause no one offers that kind of money right away. Today they are usually offering about $2500. You need an attorney to review your employment history and what is going on with the retention of the younger employees. If you are still at work, gather as many co-worker names, addresses and phone numbers as possible.
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