Most California employees will not be entitled to a severance package in the event of termination. However, some have the legal right to demand severance pay. It all depends on what your employment contract, employee handbook or employee manual says. Additionally, some California employees can attempt to negotiate special terms for severance pay by promising not to pursue a legal action against his or her employer.
Tips for protecting your right to a severance package
In order to increase your chances of getting severance following your termination, here are a few things you’ll want to do:
— Do not get agitated when you’re fired. Stay calm and do as you’re asked.
— Consider carefully any severance offer your employer gives you.
— If your employer makes an offer, ask for it in writing.
— Don’t accept the officer at first blanch.
— Consider refusing any offer for resignation.
— Keep receiving your pay for as long as you can.
— Negotiate the continuance of your medical benefits during your severance period.
— Try not to accept any severance packages that are contingent on getting new employment.
Not all of these pieces of advice will seem logical or doable in the moment. Re-read the list above and consider keeping it handy so you have it in the event of an unplanned termination.
Get legal help as soon as your employer terminates you
If you are terminated, contact an employment law attorney to discuss the circumstances of your termination, whether it was legally appropriate, and whether you can seek compensation for any unlawful action..
Source: FindLaw, “Wrongful termination claims,” accessed May 19, 2017
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