Severance Agreement Attorneys in Los Angeles
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Severance package and payment agreement is a voluntary agreement entered into between an employer and an employee for the employer to provide a certain monetary or benefits package in case of termination of employment by mutual decision of the parties. Although there is no law forcing employers to provide its employees with a severance package, there is however laws protecting employees against bargaining their granted rights under employment and labor laws. Hence, so long as the agreements are favorable to the employees, the government will not step in or regulate said agreements, granted that no laws are violated. Even an "at will employment" can enter into severance package or pay agreements depending on the parties.
The usual pit falls, however, of these agreements are the unwitting waiving of the rights of the employee to pursue future claims against the employer for unpaid benefits and other issues that are not necessarily part of the severance package agreement. This is why, in any severance package negotiations, you need to fully understand what you are signing. Aside from the contents or agreements, the reason for the severance package should be valid. If it is offered by your employer in order to force you to resign, then said severance package can be considered as invalid and against public policy.
There are intricacies in negotiating additional employment benefits added to this the fact that it is difficult to negotiate in equal footing with your employer, who has the resources and moral ascendancy over you and your co-employees. Hence, to make sure that you get the best severance package you deserve, seek help from MELG Law Firm’s expert Severance Package Attorneys in Los Angeles who have decades of experience in assisting employees in negotiating their benefits with their employers.
Call Us Now at (866) 500-4848 so we can provide you with the best negotiated severance package you deserve.
How To Negotiate for the Best Severance Package?
Laws provide minimum requirements that employees should get in the workplace. This said, there are no prohibitions against negotiating with your employer for a higher pay or for better benefits. Hence, if the agreement results in higher benefits to you and your co-employees, the law will gladly step back and let the mutually beneficial work arrangement continue and prosper as between you and your employer.
You need expert negotiators who are adept in employment and labor laws to make sure that you get the best benefits out of your severance package. Seek help from top employment and labor law attorneys like MELG Law Firm’s experienced employment attorneys in Los Angeles who can readily help you with determining the best package for yours after employment needs.
Are All Severance Package Allowed?
Generally yes. Severance package agreements are agreements that are entered into between an employer and an employee for providing the employee with additional benefits at the end of the employment contract. However, these packages are not legal if the consideration for entering into the severance package is illegal. These instances include:
- 1. Violates employment and labor laws - The agreement should not contain provisions that violate any laws. If the benefits provided would mean that, in the meantime, you will get less than what is provided for by laws in terms of compensation, then the package is illegal.
- 2. Used to coerce resignation of employees – If you are being forced to sign a severance package in exchange for your voluntary resignation, then as means of illegal discharge of employees, the severance package being offered is illegal.
Is Severance Package Limited to Regular Employees?
No. Severance package is not only limited to full time or permanent employment. Any type of employment, including “at will” employees can be the beneficiary of a severance package benefit.
The law does not distinguish and does not mandate what agreements should be entered into by employees with their employers. So long as the agreement benefits the employees, then any type of employment is covered.
Are Severance Package Part of Employee Benefits?
Generally, NO. Severance package is not enforced or required by law to be provided to employees. It is technically a gratuity by the employer to the employees. However, if part of your compensation package when you started with work includes a severance package, then the package becomes part of your compensation.
Meaning, if all employees are generally provided with one, then it becomes part of an employee’s compensation and the employer cannot say that it will enter with some employees and not with others.