Legal Question in Employment Law in California
Last month I was told my department was being eliminated (our corp office will take over our duties.) We were told on March 13 by Senior Manager from our corporate office and he offered 2 choices. We were offered 2 weeks severance which we could take then and part ways or we could stay on until 4/12 continuing our duties during the transition and we would receive $1000 "Loyalty Bonus" in addition to the 2 weeks they were providing. I made my decision w/ the info provided by him to stay until 4/12 which i have done fullfilling all duties asked of me. Today I received an email from him w/ a severance agreement that says i must sign in order to recieve the severance & loyalty bonus pay. This agreement is a long legal document basically waiving all my rights against the company for just about everything you can imagine. Can they give us one set of requirements when offering the severance & bonus (staying on this extra month) and now change the terms by giving this addition waiver/document after the fact? It is only 4 days away from my 4/12 last day of employment and now they say I cant have severance/bonus until i sign the terms of this Severance Agreement. Shouldnt this have been presented to me when the offer was made instead of waiting until now? Can they hold the pay that was offered to me until I sign this new agreement?
1 Answer from Attorneys
Yes. Severance money is usually not paid until the employee signs a release and waiver of any and all claims. It would be wise for you to have an employment law attorney read the agreement and discuss with you what you will be waiving if you sign it. 949-481-6909.