California Severance Negotiation Lawyer for California employees
As a California severance negotiation lawyer, Milan Chatterjee reviews and negotiates severance agreements for employees in San Bernardino and Riverside Counties before they sign. A severance agreement usually asks you to give up legal claims, and California law gives you specific rights in how that agreement is written and reviewed.
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2 States
Admitted to the State Bars of Nevada and California
Fortune 500
Former in-house counsel, Las Vegas Sands Corp.
UCLA Law
Law degree, UCLA School of Law; visiting student, NYU Law
As Seen In
Bloomberg Law and the Las Vegas Review-Journal
2 States
Admitted to the State Bars of Nevada and California
Fortune 500
Former in-house counsel, Las Vegas Sands Corp
UCLA Law
Law degree, UCLA School of Law; visiting student, NYU Law
As Seen In
Bloomberg Law and the Las Vegas Review-Journal
What a Severance Negotiation Can Achieve
The first offer is rarely the final one, especially when you have potential legal claims. As your California severance negotiation lawyer, our job is to understand what your claims are worth and use them to improve every term of the agreement.
- A larger severance payment, based on the strength of your claims
- Paid health coverage, such as COBRA premiums, for a longer period
- Earned bonuses, commissions and prorated incentive pay
- Accelerated vesting or extended exercise periods for equity
- Payment structure and timing that works for you
- Payment of your attorney's fees where possible
- A neutral or positive reference and an agreed explanation for your departure
- Mutual non-disparagement that also binds the employer
- Narrower confidentiality terms with the carve-outs California requires
- Removal of noncompete or overly broad restrictions.
California Severance Agreement Rules
California does not require employers to offer severance, but when they do, the agreement must follow certain rules. These are the terms a California severance negotiation lawyer reviews first.
The Release of Claims
Most severance agreements ask you to release all claims against the employer, often including a waiver of Civil Code 1542, which covers claims you do not yet know about. Once signed, a release can end claims for discrimination, harassment, retaliation and wrongful termination.
How We Win: We identify every claim you may have before you sign, value it, and use it as leverage in the negotiation.
Confidentiality and Non-Disparagement
A separation agreement that restricts what you can say about the workplace must state 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).
- Right to an attorney: the employer must tell you that you have the right to consult an attorney
- Time to review: you must be given at least 5 business days to review the agreement
- Facts of harassment: settlements generally cannot stop you from sharing the facts of a harassment or discrimination claim (Code Civ. Proc. 1001)
Age 40 and Over: Extra Review Time
If you are 40 or older and the release covers federal age discrimination claims, federal law generally gives you at least 21 days to consider the agreement, or 45 days in a group layoff, and 7 days to revoke it after signing (29 U.S.C. 626(f)).
Group Layoffs: In a group program, the employer must also give you information about who was selected and who was not, which can reveal age patterns.
What Severance Cannot Take Away
Your final paycheck and earned wages are owed whether or not you sign (Lab. Code 201, 202), including vested vacation (Lab. Code 227.3). An employer cannot require you to release a claim for wages it admits are owed (Lab. Code 206.5), and in most cases noncompete clauses are void in California (Bus. & Prof. Code 16600).
What We Look For: Terms that are unenforceable, terms that should be mutual, and anything that conditions money you are already owed.
Offered Severance? Do Not Sign Yet.
Send us the agreement and tell us what happened. We will tell you plainly what you would be giving up and whether there is room to negotiate.
Investigation, Aggressive Pursuit, Maximum Recovery
When you hire a California severance negotiation lawyer at our firm, your negotiation moves through three phases, usually within the review period your employer gave you.
Agreement Review & Claim Assessment
We review every term of the agreement, the reasons given for your separation, and your history with the employer, and request your personnel file (Lab. Code 1198.5) where useful. We identify any legal claims and estimate what they are worth.
Aggressive Pursuit
We present your position to the employer or its counsel and negotiate the payment and the terms. If the employer refuses to negotiate fairly and your claims are strong, we can file with the Civil Rights Department or in court instead.
Maximum Recovery
We make sure the final agreement reflects every point won and protects you going forward. As former in-house counsel, Milan has seen severance decisions from the employer's side and knows what moves them.
California Workers We Fight For
Our California severance negotiation lawyer represents employees across the Inland Empire's largest industries.
Warehousing & Logistics
Managers and supervisors offered severance in site closures and restructurings.
Health Care
Physicians, nurse leaders and administrators leaving hospital systems and medical groups.
Technology & Professional
Equity, bonuses and restrictive covenants in corporate layoffs.
Sales
Unpaid commissions and clawbacks tied to a release.
Executives
Change in control, employment contracts and negotiated exits.
Education & Public Sector
Separation agreements, references and resignation in lieu of termination.
What To Do in the First 7 Days
The review period is short. These steps protect your options while you decide.
Do Not Sign Right Away
Note the deadline to sign and any revocation period. You have the right to take the review time the law and the agreement give you.
Write Down What Happened
Record the reasons you were given, who made the decision, and any events in the months before, such as complaints, leave or a new manager.
Gather Your Documents
Keep your offer letter, any employment contract, bonus and equity plans, performance reviews and pay stubs you already have. Do not take confidential company files.
Call an Employee Rights Lawyer
Send us the agreement and call (888) 785-9923 for a free consultation before the deadline.
What Gives You Leverage in a Severance Negotiation
Your leverage comes from what the employer wants: a signed release. The stronger your potential claims, the more that release is worth. Recent complaints, protected leave, a medical condition or pregnancy, age-based layoff patterns, unpaid commissions or wage violations, and shifting reasons for the decision all add value.
Performance reviews, emails, pay and bonus records, plan documents and the timeline of events help show it. A California severance negotiation lawyer turns that information into a clear, credible case for a better offer.
Severance Agreements and California Employment Law
These rules shape what a California severance agreement can and cannot require. Talk to an attorney before relying on any deadline.
Key Severance Rules and Time Limits
| Rule | What it provides | Time limit | Source |
|---|---|---|---|
| Review period for separation agreements | Notice of right to consult an attorney, unlawful acts carve-out | At least 5 business days | Gov. Code 12964.5 |
| Age 40 and over, individual | Time to consider a federal age claim release, then revoke | 21 days, then 7 days | 29 U.S.C. 626(f) |
| Age 40 and over, group layoff | Time to consider, plus selection information | 45 days, then 7 days | 29 U.S.C. 626(f) |
| Final pay on termination | All earned wages, including vested vacation | Immediately | Lab. Code 201, 227.3 |
| Mass layoff or closure | Notice or pay, employers with 75+ employees | 60 days | Lab. Code 1401 |
Frequently Asked Questions About Severance in California
No. California law does not require severance pay. Severance is usually offered in exchange for a release of claims, or because a contract, offer letter or company plan promises it. If a written plan or contract promises severance, you may be entitled to it.
Yes. Most severance offers can be negotiated, and the strongest leverage comes from potential legal claims you would be releasing, such as discrimination, retaliation, unpaid wages or wrongful termination. Payment, health coverage, references and confidentiality terms can all be improved.
A separation agreement with confidentiality or non-disparagement terms must give you at least 5 business days to review it and tell you that you have the right to consult an attorney (Gov. Code 12964.5). If you are 40 or older, federal law generally gives you 21 days, or 45 days in a group layoff, plus 7 days to revoke.
Not entirely. California requires separation agreements to state that nothing in them prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination (Gov. Code 12964.5). Settlements generally cannot hide the facts of harassment or discrimination claims (Code Civ. Proc. 1001).
Yes. Your final wages, including vested vacation, are owed whether or not you sign a severance agreement (Lab. Code 201, 202, 227.3). An employer cannot condition earned wages on signing a release.
In most cases, no. California law voids contracts that restrain anyone from engaging in a lawful profession, trade or business, with narrow exceptions such as the sale of a business (Bus. & Prof. Code 16600). An attorney can tell you whether a restriction in your agreement is enforceable.
In many cases, yes. Accepting severance does not by itself disqualify you from California unemployment benefits, but how the payment is described and structured can matter. Confirm your situation with the EDD and your attorney before signing.
Yes. We review and negotiate severance agreements for employees throughout San Bernardino and Riverside Counties, with free, confidential consultations in English or Spanish. Call (888) 785-9923.
Before You Sign, Talk to a California Severance Negotiation Lawyer.
Send us the agreement. The consultation is free and confidential.
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Milan Chatterjee
UCLA Law Graduate. Former in-house counsel at Las Vegas Sands Corp. Nevada & California Bar. Founding President, South Asian Bar Assoc. of Las Vegas.