Last updated 9 months ago
A severance agreement is a legal contract made between an employer and an employee that outlines what would happen in the event of employee termination. In most severance contracts, an employee waives his or her right to sue the employer in exchange for a considerable monetary benefit. Because a severance contract can create certain restrictions for the employee who signs it, every employee should fully understand the terms of this legal document before he or she makes such an agreement.
You can take your time before signing. If your employer is pressuring you to sign a severance agreement, the most important thing to remember is that you need to fully understand this document before you sign anything. You are legally entitled to review the terms of the contract for several weeks before signing it. If your employer insists that you sign a severance contract quickly, this can be a warning sign that this document might have some unfavorable terms for you.
You can ask questions about the contract’s terms. For a severance agreement to be fair, you must be offered a reasonable amount of money to support yourself as you search for another job. Some employers attempt to put a non-compete or confidentiality clause into a severance agreement, which may hinder your ability to secure future employment. If you are confused about anything that you are signing, you have the right to ask any questions or to consult an outside source.
You can hire an employment lawyer. An experienced employment lawyer can look through the terms of your severance agreement and ensure that you would be entering into a favorable contract. He or she can also answer any questions that you have about what you would be agreeing to by signing this legal document.
Since 1994, the Advocacy Center for Employment Law has provided exceptional legal counsel in the San Jose area. We offer our clients personalized representation and keep an open line of communication every step of the way. To learn more, give us a call at (408) 600-1972.
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 9 months ago
California is an at-will employment state, which generally means that either party can terminate the employment without cause. However, there are limitations on this general rule. You should understand these exceptions and be aware of the following signs, which indicate that you may have been a victim of wrongful termination.
Singled Out for Personal Profile There are state and federal laws in place that protect employees from adverse employment actions based on race, color, religion, sex, national origin, age, and disability. Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, and the Age Discrimination in Employment Act all prohibit discrimination in hiring, firing, compensation, transfers, recruitment, testing, fringe benefits, and more. In some cases, an employer may be subtle about the reason for firing you, but oftentimes there have been comments made that indicate you were singled out based on one of these personal profile factors.
Terminated After Blowing the Whistle Employers are also protected by state and federal laws if they disclose information to a government or law enforcement agency about violations of state or federal statutes or noncompliance with regulations. These laws are referred to as whistleblower protection statutes. Employers are prohibited from retaliating against an employee who has taken such an action and from retaliating against employees who have refused to participate in illegal activities. If you have recently spoken out against an employer, your termination following such an event may be a sign that you were wrongfully terminated.
Have you been terminated for either of these reasons? Contact a wrongful termination lawyer at the Advocacy Center for Employment Law. We have been helping clients in the areas of employment and labor law since 1994, and we provide personalized and detailed service to everyone we represent. Our attorneys also offer unsurpassed experience and knowledge of the field, so call our San Jose office at (408) 600-1972 to learn how we can help.
Last updated 9 months ago
Sexual harassment is a broad term that can encompass a wide range of circumstances and environments in the workplace. It is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. The following is an examination of the facts behind sexual harassment in the workplace.
Categories of Sexual Harassment There are two broad categories: quid pro quo sexual harassment and hostile environment claims. Quid pro quo sexual harassment is the request for a sexual favor in exchange for keeping your job, obtaining a promotion, or receiving other employment benefits. A hostile work environment claim may be made when there is a pervasive climate that involves sexual jokes, remarks, or actions.
Multiple Victims of Harassment It’s important to remember that there can be multiple victims of sexual harassment. The victim can be anyone who has been affected by the offensive comment, not just the person harassed, and he or she does not have to suffer economic injury or discharge in order to be harmed. Victims can be male or female, and the victim does not have to be of the opposite sex as the harasser.
Elements for Harassment It is important to note that the harasser’s conduct must be unwelcome in order to constitute harassment. The harasser does not necessarily have to be the victim’s supervisor, but can include an agent of the employer, a co-worker, or even a non-employee.
Have you been the victim of sexual harassment in the workplace? Call an attorney at the Advocacy Center for Employment Law today at (408) 600-1972 to set up an appointment. We are a San Jose law firm that practices business litigation, with an emphasis on employment law and civil rights issues. We understand what a difficult experience this can be, and our experienced lawyers are here to help you in any way we can with your sexual harassment claim.
Last updated 10 months ago
Employment law includes a variety of topics, such as discrimination and wage and hour disputes. To learn more about these workplace disputes and your legal rights, visit the following websites.
Do you have additional questions about employment law? Call the Advocacy Center for Employment Law in San Jose at (408) 600-1972.
Last updated 10 months ago
A former Disney employee is suing with the help of the American Civil Liberties Union, alleging that she was discriminated against because of her Islamic beliefs.
The woman began working at one of the restaurants at the Grand Californian hotel in 2008 and was allegedly subject to two years of ethnic insults before being fired. As this video explains, the woman wears a hijab and she was reportedly told it did not comply with the company’s dress code. After making several suggestions on how she might comply, her bosses suggested she work in the back area away from customers. She was terminated in 2010 after refusing to wear a large hat on top of her hijab.
Her suit alleges that the company failed to prevent discrimination and harassment and that she was wrongfully terminated. If you have been wrongfully terminated or believe that you have been discriminated against, contact the Advocacy Center for Employment Law in San Jose. Our office focuses on employment law and civil rights claims, so call (408) 600-1972 to learn how we can help.