Whatever your employer tells you, you don`t have to sign a termination agreement and you don`t have to do it right away. You still have the right to consult a lawyer, even if you are sure you understand the conditions. Severance pay agreements can be offered as a matter of habitual business practice or to settle a potential dispute, for example. B the assertion that the employee has been the victim of harassment or discrimination in the workplace. They could be included as part of a broader agreement to resolve an ongoing dispute or could be offered to give prior notice of the possibility of legal action. For example, if an employer knows that a worker believes they are being treated illegally, such as harassment or retaliation, the employer may decide to give the worker the opportunity to terminate their rights against severance pay and the release of rights. Perhaps not, given that it is quite common for termination agreements to expressly prohibit talking about the value of severance pay. Section 1670.11 has been added to the California Civil Code, which prohibits language in contracts and settlement agreements that prohibits anyone from testifying in administrative, legislative or judicial proceedings about alleged criminal conduct or sexual harassment. An employer is not required to attach a specific language to meet this requirement. However, in the event that your termination agreement contains a language that could be read as excluding the actions mentioned above, a language that reflects the language of section 1670.11 should be added. In other words, you give up something if you accept a severance package. What you give up has real tangible value for your employer. This means that you have leverage and can use it to reach a fair deal.
While the circumstances of your dismissal may constitute a right to unlawful termination, you usually have more influence in negotiating better severance pay, given that the exemption from liability represents a higher value for your employer. Termination agreements can be a blessing for employees who want to steer their careers in a new direction. The most important fact to remember is that a termination agreement is a contract. If you sign a contract and do not read some or all of the terms, you are still required to comply with the entire contract.29 Minnis & Smallets` employment lawyers can verify your termination agreement, explain the terms, and answer your questions to ensure you are making an informed decision. . . .