If you have recently lost your job or believe you might be laid off soon, you probably have many questions about severance pay. Here’s what you need to know about severance in California, including red flags to watch out for, collecting unemployment and severance simultaneously, and how an employment attorney can be helpful in situations where severance is offered.
Severance pay is money paid to a worker when their position is terminated. This pay is nearly always associated with being laid off. It’s not usually paid to employees who are fired for cause.
Severance pay is just money paid to former employees, whether as a lump sum or a series of scheduled payments. A severance package is more comprehensive and may include items like:
A severance package, because of its scope, frequently comes with a severance agreement, which is a contract between you and the employer regarding the details of the package. You might also be asked to sign a severance agreement simply to receive severance pay without a package.
In 2021, Governor Newsom of California signed Senate Bill (SB) 331, which included new laws about severance agreements, such as:
Typically, severance pay is offered as a courtesy to employees who have performed well for a company, especially those who have been employees for a long time. It gives workers money to live on while they look for other employment after layoffs, whether due to downsizing or redundancy after a corporate merger.
Many businesses offer severance pay with high-profile layoffs in order to preserve their image in the public eye. They want to retain the workers they keep and be able to recruit job candidates again in the future without people fearing they don’t take care of their employees.
Sometimes, however, severance pay can be linked to “keeping employees in line.” A business might threaten to not give severance if they speak ill of the company or don’t perform well until their last day of work. Or, it might be part of a threat to prevent employees from whistleblowing about a toxic or dangerous work environment, which is illegal.
Generally speaking, employers are not required to pay severance under California law. It’s up to them to decide whether or not to offer the cash or the items listed above as part of a severance package.
However, there are certain circumstances where employers are contractually obligated to pay severance. Your union may have negotiated a deal where any laid-off employees get severance pay. Also, your individual employment contract may stipulate that severance is to be paid if you are laid off. Sometimes a board of directors will make severance part of a merger or acquisition, in which case it is included in the legal documents pertaining to the transaction.
Do employers sometimes attempt to rob workers of their rightfully earned severance pay that they are legally obligated to pay? Unfortunately, yes. Some tricks they may use include:
Yes, in most cases, you may receive severance pay and apply for unemployment. Some people prefer to wait until they use up their severance to request unemployment benefits. But severance pay is not considered wages in California, so it won’t disqualify you from unemployment, and you can receive them concurrently. In fact, it’s often wise to have your severance pay overlap with your unemployment application, as it can take several weeks before you are approved and may get unemployment payments. If you have questions about unemployment benefits in California, the Employment Development Department (EDD) can answer them for you.
As discussed above, there are many situations where employers engage in unscrupulous or even illegal acts related to severance pay. You should definitely contact an experienced employment attorney if you are being asked to sign a severance agreement that offers severance in return for waiving your rights about:
You should also consult with an employment lawyer if you have not been paid severance as promised or if you believe you have been somehow cheated out of your severance pay or package components. An employment attorney can help determine if you have a case or if laws have been broken. They can assist you with overlapping issues, such as nonpayment of severance and illegal employer acts like discrimination or wrongful termination.
If necessary, an attorney can enlist help from state agencies or help you file a claim. They can also represent you in court, if it comes to it, helping to ensure your rights are protected and you get the severance you deserve.
There are also many gray areas where being asked to waive your rights is questionable, such as signing a non-compete or non-solicitation agreement (generally unenforceable in California because they can keep you from earning a living) or forbidding you from even contacting former clients or colleagues.
Severance agreements can be complicated even if the employer has the best of intentions. As with other contracts, it’s always a good idea to have a lawyer review them.
Have you been asked to sign a severance agreement? Are you struggling to receive severance to which you believe you’re entitled? Employee Law Group is here to help you in the Los Angeles area, and there is no charge for an initial consultation to discuss your case. Call us today at 310-407-7358, or get in touch online to let us know how we can help.
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