An employer terminates an employee and asks him to sign a severance agreement which stipulates that she will not sue the employer for irregular dismissal. In exchange, the employer pays him $10,000. See z.B. Skrbina v. Fleming Cos. (1996) 45 Cal.App.4th 1353, 1366 [« As a general rule, a written notification terminates any obligation under the conditions of publication, unless it has been obtained by fraud, deception, misrepresentation, coercion or inappropriate influence. »] Hill v. Emperor Aetna (1982) 130 Cal.App.3d 188 [Discussion on Severance Pay].↥ Of course, some employers will follow another bill. Other employers could arbitrarily choose a figure they consider fair. And still others could be linked to a specific calculation defined in the employee`s employment contract or in the measures previously adopted by the employer.
Severance agreements may also require employees to limit their behaviour by other means. For example, the compensation agreement may require the employee not to discuss the reasons why he was fired, do not speak badly about the company or do not share trade secrets. If two or more staff members are dismissed on the same day or in a short period of time for the same reason (for example. B a limitation of violence), if at least one of them is 40 years of age or older, the following additional language must be added to the severance agreement: an employee who has been brought to sign compensation by an undue influence may sometimes terminate the agreement.23 Another red flag to be sought is a scrambled language, far or far away. It is important that you understand exactly what rights you are waiving and what obligations you are assuming. It is generally unwise to sign a severance agreement without fully understanding the terms. A number of new requirements for comparison and separation agreements in California came into effect on January 1, 2019. Two of them come from the #MeToo movement. Here`s the first thing you need to be careful about, it`s what your employer wants from you. While it may be tempting to look at the end and see how much money you receive, this can distort your view of the severance agreement.
A transaction agreement may include a provision that all disputes must be resolved through binding arbitration. Arbitration has pros and cons, and this can be a problem to check with your lawyer.
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