Severance Agreement Attorney in San Francisco
Leaving a job is hard enough. A severance offer shouldn’t make it harder.
Signing a severance agreement can affect far more than your final paycheck. Even one overlooked clause could cost you thousands or limit your legal options in the future.
That’s why you need a severance agreement attorney in San Francisco to check everything over. At Stoll & Haynes, we can uncover hidden risks and fight for a fairer deal on your behalf.
Severance Agreements, Explained
So, what is a severance agreement? In simple terms, it’s a contract your employer gives you when your job ends. It’s sometimes called a severance package, separation agreement, or transition agreement.
A severance agreement usually explains exactly what the company will give you and what they expect from you in return.
What the company will give you
This may include:
- Severance pay: Extra salary after your job ends, often based on how long you worked for the company
- Benefits continuation: Health insurance and other perks for a set period
- Time off owed to you: Payment for unused vacation or PTO
What they expect from you in return
This may include:
- Release of claims: Not suing your employer for anything related to your job or how it ended, including unpaid wages, discrimination, or wrongful termination
- Confidentiality: Keeping company information private and not discussing the severance
- Other conditions: Not working with competitors (generally unenforceable in California) or contacting clients for a specific period of time
So, although you may get a nice payout, you could be giving up more than you realize.
What to do next: Ask a severance agreement attorney in San Francisco to go over the document, clause by clause. Even tiny details can have a massive impact on what you can say and do later.
Do You Need a San Francisco Severance Agreement Attorney?
Even if a severance offer looks okay on paper, it can still include clauses that restrict your rights under California or federal law. That’s why it’s smart to have an attorney review it.
Stoll & Haynes, which specializes in employment law, helps you:
- Understand what you’re signing
- Spot terms you may be able to negotiate, such as extra pay or benefits
- Protect your legal rights
We make sure you don’t leave money or rights on the table.
What We Look Out For
A severance lawyer at Stoll & Haynes will carefully review your document, paying close attention to the fine print. Some of the clauses we check include:
Release of claims
Don’t sign away legal protections or options you might need later. We’ll help you understand what you could be giving up.
Confidentiality and non-disclosure
Some severance agreements are far too limiting, controlling what you can and can’t say after leaving. With our knowledge of California employment law, we’ll check that any restrictions are fair and in your best interests.
Non-compete
These clauses are usually not enforceable in California, but we’ll review them anyway to protect your rights.
Severance pay and benefits
We’ll review the amounts and conditions promised to you in your agreement, ensuring everything is accurate.
Other compensation
We’ll confirm that nothing you’ve earned is left behind.
Can an Employment Lawyer Help You Negotiate a Settlement Agreement?
A severance offer isn’t always set in stone. Many employers will be open to negotiations, especially if you have a good attorney by your side. Even making small changes to the agreement can make a big difference to what you end up getting.
Some of the things you may be able to negotiate include:
- Additional pay: A higher lump sum or a few more weeks of salary can give you extra security
- Extended benefits: Health insurance or other perks for a longer period
- References: Negotiating how your employer will describe your performance to future employers
- Severance terms: Negotiating specific clauses to make sure your agreement is fair
Documents You’ll Need for a Severance Negotiation
Before negotiating, find all the relevant paperwork related to your employment and severance. Key documents might include:
- Pay stubs, payroll records, and timecards
- Employment agreements, handbooks, and offer letters
- Performance evaluation letters
- Stock options, incentive plans, and commission plans
- Change-of-control (COC) agreements if your company is being acquired
If you can’t find any of these, your employer must provide copies of requested documents within 21 calendar days or pay a penalty.
Severance Negotiation Attorney FAQs
Do I have to sign a severance agreement straight away?
No, your employer will usually give you time to review. Have a severance agreement attorney in San Francisco look over it before signing anything.
What happens if you sign a severance agreement without legal review?
You could give up rights or agree to terms you didn’t understand. Once you’ve signed this document, it can be hard to make changes.
Can you negotiate severance pay?
Yes, many terms may be negotiable, such as extra pay or extended benefits. A skilled severance negotiation attorney can negotiate on your behalf to get the best possible outcome.
What happens if you don’t sign a severance agreement?
It depends on what’s in the agreement. For example, you might lose the severance pay or benefits offered, but you’ll retain the right to pursue legal claims against your employer.
Do you pay tax on severance pay?
Yes, it’s normally considered taxable income and may be subject to withholding. Consult a tax attorney to learn more.
Contact a Severance Agreement Attorney in San Francisco
A severance agreement isn’t just another piece of paperwork. It could affect your rights, benefits, and future job opportunities.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.