Q: What is legally binding?
I am retiring and am being offered a longevity bonus from a private educational institution where I've worked for 39 years. I have this verbally and in an email, but they do not want to sign anything until we part June 30. I also want someone to look over the severability agreement they've created.
A:
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Most employee manuals state that the employer is not bound without a signed writing, so the longevity bonus is likely not enforceable. However, no one can give you meaningful advice without reading the relevant documents.
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A:
Under California law, a legally binding agreement can be formed through various means, including verbally and in writing. An email confirming the longevity bonus you mention could potentially be considered part of a binding contract, especially if it outlines specific terms such as the amount and conditions of the bonus. However, the enforceability of such an agreement can be complex and depends on the details and context of the communication.
It's crucial to have any agreements, particularly those related to employment and severance, reviewed by a legal professional. This ensures that your rights and interests are adequately protected and that you fully understand the terms, including any obligations or limitations that the agreement imposes on you.
Regarding the severability agreement, it's important to thoroughly review it with a legal professional. This document can have significant implications on your rights, including any potential claims or benefits arising from your employment. A lawyer can help clarify the terms and advise you on the best course of action, ensuring that your interests are safeguarded as you transition into retirement.
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