You may be offered a severance package when you leave an employment position in California. Meticulously and cautiously moving through the severance process must be compulsory, especially considering all that could be at stake, like the possibility of a future personal injury claim. Severance agreements, often embedded with tricky or ambiguous clauses, can affect your rights and opportunities to bring forward claims against your former employer–including personal injury claims that could emerge after signing the paperwork. Utilize the guide below to learn how to negotiate these agreements wisely, emphasizing your rights and best interests.
Figuring Out The Scope of Your Severance Agreement
Severance agreements are prevalent, but typically, they serve to protect your employer from future liability by requiring you, as the employee, to waive certain legal claims in exchange for certain severance benefits. In California, severance agreements are usually, when done correctly, legally binding, and once they’re signed, the terms cannot be changed; therefore, understanding which rights you may be waving, especially those related to personal injury, is vital. These agreements repeatedly include broad language that could inadvertently waive your right to pursue future personal injury claims. It’s pivotal not to rush into signing but instead allow yourself grace to review these meaningful legal documents carefully.
After all, you’re protecting your health and your financial well-being.
Identify and Preserve Your Rights To Future Claims
To avoid forfeiting the ability to go after future claims, ask if the agreement includes any clauses that specifically address personal injury or bodily harm; these could be included as waivers of “any known or unknown claims.” California Civil Code § 1542 protects individuals from unknowingly waving claims, stating that individuals cannot wave claims they are not yet aware of. However, some severance agreements may ask you to waive your rights under this section if you see this clause in your agreement; it’s a good idea to consult with an attorney immediately in order to ensure you aren’t signing away future rights.
Negotiate Waivers Carefully
Employers may include comprehensive waivers to prevent any potential litigation after employment ends. When protecting your injury rights, addressing these waivers head-on is essential. Be clear about your intentions to exclude personal injury claims from the waiver. It’s especially relevant to do so if you’ve experienced any work-related injuries that may not yet have fully manifested; for instance, conditions like repetitive string, injuries, or exposure to harmful substances might only present symptoms after quite some time, protecting these rights now will allow you to see compensation later should such injuries become apparent.
Consult With An Attorney
Given the legal complexity surrounding severance agreements, consulting an employment lawyer experienced in California law can make a significant difference. An attorney can help identify terms that could harm your future ability to pursue a claim and may assist in negotiating to either remove or modify those terms. They can also interpret the waiver language and suggest revisions that align with preserving your rights. These days, many law firms offer free consultations, so it’s an easy way to explore your options.
Address Specific Injury-Related Causes
Ask your employer to exclude personal injury claims from the waiver language explicitly. For instance, instead of a blanket waiver containing “any and all claims,” negotiate for language that limits the waiver only to employment-related disputes that have emerged during your time of employment. A narrower scope would allow you to pursue claims related to future injuries without conflicting with the terms of your severance agreement.
Some employers or entities may be more open to modifying language if they understand that the request for a change is limited to protecting potential injury claims and does not expose them or make them susceptible to broader liability. Tip: Make sure you record your request by formally putting it in writing so that it’s documented and included in the final severance agreement.
Be Wary of General Release Classes
General release clauses are placed in severance agreements to be a coverall for a wide range of claims. Thus, these clauses can and do often extend beyond just employment-related issues and unintentionally encompass future claims related to injury or other unforeseen troubles. Before you commit, consider requesting that the release clause exclude personal injury claims to prevent future complications. If you are feeling pressure to sign without a clear understanding of the language, it’s wise to pause. Take a beat and seek sound legal advice.
Avoid Rushing The Signing Process
Although employers may rush you to sign their proposed severance agreement, California law gives you the right to review these documents carefully. Taking the time to evaluate the deal and legal contents, including unraveling complex waiver language, is not only wise and within your rights but also self-preservation. Use the time to consult with your attorney or review severance resources. Rushing into signing could limit your options to pursue any compensation in the event of an injury derived from your job that develops or worsens later.
Consider Noncompete Classes and Future Employment
While California generally prohibits noncompete classes, some severance agreements may include terms that can indirectly restrict future employment. For instance, you may be limited from working with clients or vendors related to your former employer, which could impact future job prospects and opportunities. Be mindful of such clauses, as they can affect your ability to seek positions that could aid financial recovery after an injury.
Evaluate Your Health Benefits Post Severance
Like many employees, should you rely on company-provided health insurance, ensuring that your health coverage continues for a period after termination is a key objective. Suffering from a coverage gap could be highly consequential. If you anticipate needing medical treatment for any work-related injuries, you may negotiate for your employer to extend your health benefits or contribute to your copper payments, which will cover you during a transitionary period that would be otherwise lacking in adequate health insurance. You could leave yourself financially vulnerable if an injury claim arises after your employment has ended.
Request A Trial Period For Reviewing Terms
Sometimes, an employer may offer a trial or a cooling-off period to review an agreement. If you need further clarification about the influence of the agreement or possible consequences behind certain severance terms, ask if you can take the agreement to a lawyer for additional review before committing. California law allows employees time to assess severance agreements, especially if the deal involves a significant waiver of rights. A cooling-off period is not unheard of, but instead, it is a common step to ensure you are using your best judgment, aware of all the resources available to you, and a way to alleviate the pressure of signing a contract too quickly. Provide yourself the opportunity to weigh the long-term implications of this serious agreement and avoid making hasty and regretful decisions.
Final Thoughts: Safeguarding Your Future Self and Well-Being
Although, in California, severance agreements can sometimes include clauses that waive certain legal claims when future personal injury claims are concerned, the situation changes. California law typically prohibits an employer from having an employee waive future claims tied to injuries that haven’t yet transpired, mainly if they involve employer negligence or questionable safety conditions. These protections exist because it is difficult for someone to knowingly wave rights related to injuries that have yet to occur or fully surface. However, severance agreements can nudge employees into waiving claims arising from past instances or known issues where the employee could reasonably be aware of the risks or impact. Thus, it’s practical and responsible to review a severance agreement with an attorney who can spot any language that might be overreaching or infringing on your rights as an employee to pursue future claims for an unforeseen injury.
Negotiating can feel arduous, but it’s often necessary, particularly when protecting future claims for a personal injury, so be sure to seek California severance agreement advice. Contact a trusted California employment lawyer by calling us at 909-884-6451 for your free and confidential consultation. Accepting a severance deal doesn’t need to mean forfeiting your future; the right strategy can protect your interest today and ensure that you retain your legal rights for tomorrow.
