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DO NOT SIGN THAT SEVERANCE
AGREEMENT IN CALIFORNIA
BEFORE SPEAKING TO US!

If you were terminated, laid off, or fired, in California you are still owed overtime if your duties were primarily non-exempt. However, DO NOT SIGN A SEVERANCE agreement without consulting our office. California law has recently changed. If you sign a severance agreement as part of a layoff you may be waiving your right to make a claim for overtime and other legal rights under California and Federal law. Typically, California high tech companies include a “general release” in severance packages. If you sign the GENERAL RELEASE, then you may be waiving your right to overtime and other wage related benefits.

BEFORE YOUR COMPANY REQUESTS THAT YOU SIGN THE RELEASE, IT MUST ADVISE YOU REGARDING DISPUTED CLAIMS FOR OVERTIME. Unless your employer tells you that it may owe you overtime, then it might not be able to obligate you to release the overtime claims. However, this depends greatly on the circumstances under which your employer presents the severance package. Companies do not advise you regarding the rights you are releasing. They call it a “severance” but the true reality is that it is a “General Release.” When you sign it you are signing away just about every legal claim INCLUDING CLAIMS YOU ARE NOT AWARE OF.

In California, hundreds of engineers, computer programmers, and IT professionals contact us regularly AFTER they sign a severance package. It is unfortunate, but with the exception of a few, we cannot pursue a claim for overtime or labor related claims IF the employee also signed a general release. Typically, companies hide the general release in the severance BUT they do NOT fully disclose to you what you are actually signing away.

BE CAUTIOUS WHEN SIGNING A RELEASE, SEVERANCE, OR ANY DOCUMENT AS PART OF A LAY OFF.



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California Computer Professional
Attorneys Are On Your Side

CONTACT our office immediately if you have been
put on notice about an upcoming
lay off or you are asked to sign a severance or
general release as a result of a lay off or
termination. Also, beware: COMPANIES “HIDE”
GENERAL RELEASES IN SEVERANCE PACKAGES or
MISREPRESENT THE NATURE OF THE RELEASE.

Specializing in the Representation
of California High Tech Employees

GARAY LAW FIRM
9900 Irvine Center Drive
Irvine, CA 92618
Toll Free: 1.888.843.5290
Business: 1.949.208.3400
Fax: 1.949.713.0432

 
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© 2015 Garay Law, DBA of Jose Garay, APLC, All Rights Reserved

Nothing in the foregoing advertisement is meant to be legal advice and does not serve to establish
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