Thanks very helpful. Is there a public link to the state of california for labor code 450?
A: Labor Code 450
You say "May" be comitting a misdemeanor.
A: Covering my "assets."
The original severance payment from the company that was taken over was predicated on my signing a document stating that in the future I will not sue them. Does this give them more leverage to do this and not be illegal?
A: In my opinion, it gives them no leverage, because if you were paid in exchange for an agreement to not sue, then the money is yours in exchange for that agreement. The demand to be paid for reemployment is not an act that occurred during your employment -- it's a new act -- and if it's determined to be illegal, then it cannot be waived by a contractual agreement to not sue, because a contract with an illegal purpose is void "ab initio" (lat. trans: from the outset).
Is my signing the offer letter enforceable as a contract?
A: In my opinion, it would be an unenforceable illegal contract -- see above.
Can they legally tell me that if there is any future severance than it will be reduced by$20K?
A: Severance is not required by any law. So, they can say whatever they want, because it's entirely up to them as to what they will or will not pay.
Is there a state law involving minimal severance?
A: Nope. See above.
If I sign this offer letter...what if they terminate me one year into this and I have paid back partial (no car plan@ $700/month) Will I be obligated by law to payback the remainder and then on top off that have a severance package that is lowered by $20K ?
A: You could sign the letter and then file a complaint with DLSE. If the offer turns out to be illegal, then your complaint will automatically immunize you from termination. Labor Code 98.6
(b) -- whether or not the contract turns out to be illegal.
Hope this helps.
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