severance agreements

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Terminating an employee is one of the hardest things a business does, and it is almost certainly the most legally scrutinized decision you will make in the workplace. It is also one of the few decisions that triggers immediate legal obligations — the clock starts running the moment you end the relationship. Yet how to…

California employers face constant pressure to make personnel decisions quickly. Terminations, separations, performance issues, and new hires often cannot wait for a lawyer’s calendar. The most effective way to handle these routine but high-risk situations is to have a core set of documents drafted, reviewed, and approved by employment counsel in advance. When the situation…

While California law does not require employers to offer severance pay, providing it in exchange for a release of claims can be a strategic move to avoid future litigation when parting ways with employees. For at-will employees, where no contract mandates severance, an employer may still benefit from offering a severance package in specific situations…

AB 331 known as the “Silenced No More Act,” was approved by the Governor on October 7, 2021, and its provisions applies to employment agreements, such as severance agreements, settlements agreements, or a release of claims.  Here are five items employers should understand about AB 331:

1. When does AB 331 take effect?

AB 331…

Even though severance pay is not required under California law, employers facing disputes with exiting employees should consider offering severance pay in exchange for a release of claims in order to preempt potential litigation.  If an employee is at-will and either the employer or the employee decides to end the employment relationship, unless there is…

This Friday’s Five is a video covering five common questions about severance agreements in California:

  1. When are severance agreements appropriate in California?
  2. What are common terms in severance agreements? Such as a non-disparagement clauses and reference clauses.
  3. How much of a payment is required to the employee in a severance agreement?
  4. What is a section

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There is no silver bullet for California employers to avoid workplace disputes and litigation.  However, by focusing on a few key best practices, employers can reduce the likelihood of litigation, and if sued, the practices will make defending litigation much easier and can result in a better outcome.  Here are my top five employer practices…

This video is the third installment of three videos covering issues surrounding terminations in California.  For today’s Friday’s Five, in this final video in the series I discuss five common questions employers have about severance agreements:

  1. When are severance agreements appropriate in California?
  2. What are common terms in severance agreements? Such as a non-disparagement clauses

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Happy Friday!  This Friday’s Five focuses on the termination process.  Employers should develop a termination checklist to ensure all documents and contingencies are consistently covered during the process.  Here are five pointers employers can use to start in developing their own checklist:

1.      Final wages must be timely paid.

The employee’s wages must be paid…