Severance Agreement and Layoff Review in Irvine and Orange County
Laid off, or handed a severance agreement with a deadline? Have a California employment attorney review it before you sign.
W Employment Law, APC is an employee-side employment law firm with its office in Irvine. Our Lawyers review severance and separation agreements for employees across Orange County and California, by video call, by phone, or in person at our Irvine office by appointment. The review is a paid, flat-fee consultation, and we tell you the fee before you pay.
Request a paid severance review · Call 888-492-0633
Every agreement and every situation is different. We don’t promise any result.
Why get your agreement reviewed before you sign
- A signed release is usually final. Most severance agreements ask you to give up legal claims against your employer in exchange for the payment. The time to ask questions is before you sign.
- California gives you time to talk to a lawyer. If your employer offers you a separation agreement that releases claims, California law requires it to tell you that you have the right to consult an attorney and to give you at least five business days to do so. You may choose to sign sooner. (Gov. Code, § 12964.5, subd. (b)(4).)
- If you’re 40 or older, federal law adds more time. A release of age-discrimination claims generally must give you at least 21 days to consider it (45 days if the offer is part of a group layoff or exit program) and 7 days after you sign to revoke. In a group program, the employer must also give you written information about who was selected and who wasn’t, by job title and age. (29 U.S.C. § 626(f).) Requesting a review does not extend any deadline.
Layoffs in Orange County: WARN and Cal-WARN
If you lost your job in a layoff, a plant closing or a relocation, notice laws may apply:
- California WARN Act. A covered establishment (generally one that employed 75 or more people in the past 12 months) must give 60 days’ written notice before a mass layoff, relocation or termination that affects 50 or more employees within 30 days. An employer that doesn’t may owe affected employees back pay and benefits for up to 60 days. (Lab. Code, §§ 1400–1403.)
- Federal WARN Act. Employers with 100 or more employees generally must give 60 days’ notice of a plant closing or mass layoff. (29 U.S.C. § 2101 et seq.)
- Your severance agreement may ask you to release WARN claims. We look at whether it does, and whether the payment is really new money or pay you were already owed.
What we review in a severance agreement
- Release of claims. Which claims you’d give up, at a screening level, and whether the release reaches claims you don’t know about yet. Many California agreements include a waiver of Civil Code section 1542, which otherwise protects you from releasing unknown claims.
- Wages you’re already owed. Your employer can’t require you to release wages that are due but unpaid as a condition of getting paid. (Lab. Code, § 206.5.) Final wages are generally due when your employment ends, whether or not you sign anything. (Lab. Code, §§ 201–203.)
- Age-claim terms (40+). Whether the agreement meets the federal timing and disclosure rules for releasing age claims.
- Confidentiality and non-disparagement. If the agreement restricts what you can say, California requires language that nothing in it prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination. (Gov. Code, § 12964.5, as amended by SB 331.)
- Non-compete and non-solicit terms. California law makes most non-compete agreements void and unenforceable, including ones signed outside California. (Bus. & Prof. Code, §§ 16600, 16600.5.)
- Payment and benefits. How and when you’d be paid, COBRA or benefits terms, bonus, commission, equity, PTO and anything that could be clawed back.
- Other terms. Cooperation, no-rehire, return-of-property and arbitration clauses.
- Your questions for the employer. Points you may want to raise, and a plain-English read of the risks.
What to bring
- The severance or separation agreement and any cover letter or email that came with it
- Any layoff or WARN notice, and any list of job titles and ages you received (40+ group layoffs)
- Your offer letter, employment agreement, and any arbitration or non-compete agreement
- Bonus, commission or equity plan documents the agreement mentions
- Your most recent paystub and your final paycheck, if you’ve received it
- The date you received the agreement and the deadline you were given
Please don’t send documents until we’ve confirmed we can help (see “How it works”).
How it works
- Tell us who’s involved. Your name and contact details, your employer (and parent company), and your deadline. No documents yet.
- We check for conflicts of interest before we take payment or read your documents.
- You review and accept short written engagement terms and pay the flat fee, quoted before you pay.
- You upload your agreement and answer a few questions.
- Attorney review and consultation. Your consultation is with a California-licensed attorney.
What the review does not include: unless you sign a separate written agreement, we won’t negotiate with or contact your employer, track or extend your deadlines, or represent you in a dispute. If we spot a possible claim, we’ll tell you and explain your options.
FAQ
Is there a fee for the review? Yes. This is a paid, flat-fee consultation. We tell you the fee before you pay.
Do I become a client when I contact you? No. Contacting us does not create an attorney-client relationship. Please don’t send confidential details until we confirm we can help.
How long do I have to decide whether to sign? It depends on the agreement and your age. California requires at least five business days to consult a lawyer on a separation agreement, and you may sign sooner. If you’re 40 or older and the agreement releases age claims, federal law generally gives you 21 days (45 in a group layoff) to consider it and 7 days to revoke after signing. Check your agreement for the exact dates.
Can my employer make me sign to get my final paycheck? No. Final wages that are due must be paid whether or not you sign, and an employer can’t require you to release wages it owes you. (Lab. Code, §§ 201–203, 206.5.)
Is the non-compete in my severance agreement enforceable? In California, most non-compete agreements are void. Bring it to the review and we’ll look at it with the rest of the agreement.
Can you negotiate a better severance for me? Only under a separate written agreement after your review. We don’t promise any result.
Do I have to come to the Irvine office? No. Reviews are available by video call or phone, or in person at our Irvine office by appointment.
Do you speak Spanish? El abogado Jacob Whitehead habla español.
Request a paid severance review
Call 888-492-0633 and ask for a severance review, or email [email protected] with your name, phone, your employer’s name, and your deadline. Please don’t send the agreement or any confidential details until we’ve checked for conflicts.
Think you were laid off or fired illegally, or have a claim for discrimination, retaliation or unpaid wages? Learn about our employment cases.
