Don’t Sign A Severance Release Without Advice
After losing a job, many people have questions about severance agreements. A severance agreement may contain a clause that releases them from all claims for a period of a time — if you sign a severance agreement, you may lose your right to pursue legal action against your employer. Before signing any type of severance release agreement, ask a lawyer to examine it. At Law Offices of James E. McGlamery, we review severance agreements and direct clients toward the appropriate course of action.
Some severance agreements contain illegal clauses such as non-compete agreements which are invalid under California law. Other terms that may be unlawful include muzzle clauses, which prevent terminated employees from having any contact with their former co-workers. Clauses that could invade an employee’s privacy or infringe on his or her right to earn a living may also violate state and federal law. Attorney McGlamery will review your severance agreement to determine whether it contains terms that may make it invalid.
How It Impacts Wrongful Termination Cases
Without having a lawyer review the severance agreement, you cannot bring action against your employer for anything that occurred up to the date that you signed the agreement — and possibly longer. If you were wrongfully terminated, you have the right to bring a case against your employer — but only if you do not make the mistake of signing an agreement without showing it to a lawyer. Protect all of your employee rights before you sign them away.
If you have already signed you may be able to file a request for declaratory relief to seek rescission. However you must present evidence that the agreement was executed under fraud, stress or undue influence.
Contact The Law Offices Of James E. McGlamery
Attorney James E. McGlamery has been assisting clients with severance agreements since 1981. He will provide you with the guidance necessary for ensuring that your rights are protected. Contact his office in Sacramento, California, at 916-446-6235.