Asked in Employment Law for California

Q: My employment was recently terminated. I was sent a termination agreement which includes a severance. Should I sign it?

What are the pros and cons of signing it?

Related Topics:
3 Lawyer Answers

A: Whether you should sign it or not depends on the facts surrounding your termination. I highly advise you to get confidential advice from an employment law attorney before you decide.

You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

Sincerely,

Maya L. Serkova

Ian Pike and Brad S Kane agree with this answer

A: Not until you get legal advice. A severance agreement almost always includes provisions where you are giving up your right to make legal claims against the employer for any wrongs that were done to you prior to the signing. It is therefore important that you know what rights you are giving up. No one here can simply answer your question. It requires knowledge of a great more background information to answer it.

Good luck to you.

Ian Pike and Brad S Kane agree with this answer

A: Do not sign a severance agreement until you speak with an lawyer to make sure you are not giving up claims much more valuable than the severance payment.

Ian Pike agrees with this answer

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.