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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Hi I would like to know if the following document is a standard

Resolved Question:

Hi
I would like to know if the following document is a standard severance document, and if there were any loopholes we could be in trouble with here...and then advise if you thought it was actually legit...Specifically this was presented as a standard form, that everyone in the industry recognizes.

Does it appear that this form is standard, and are there areas that look not standard, in which I am giving up my common severance rights. Or my unemployment, or severance would be cut off for some hidden reason???
PLEASE SEE BELOW...DOCUMENT EMAILED

Thx,
Jan
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
The document wasn't attached to your question. Could you please attach it using the 'paper clip' icon or copy and paste it in the reply?
Customer: replied 1 year ago.


I am sending this in response to your email, and I will attach it there.


 

Expert:  Joseph replied 1 year ago.
That's fine. I have reviewed your previous questions and have found the agreement that you copied and pasted there. Give me a moment to review it further and I'll provide you with a response.
Customer: replied 1 year ago.


ok

Expert:  Joseph replied 1 year ago.

The agreement is a standard separation and release agreement, in which you are being provided a severance in exchange for releasing any and all claims that you may have against your employer, including those based on discrimination due to a protected class.

Unless you were planning on filing a claim with the DFEH or EEOC alleging discrimination of any kind, or think you have another cause of action against your employer, there is no detriment to you by signing the agreement.

(Also as the previous expert mentioned, there is no right to receive any amount in severance from your employer, and the agreement offers you 3 months of severance and continued medical care for 3 months, so this is actually a really good arrangement for you as the employee).

Specifically, it would not affect your ability to apply for and receive unemployment benefits, as the agreement states that your application for benefits will not be contested by the employer, as well as stating that you have been terminated through no fault of your own due to the closing of the Long Beach office.

Joseph, Lawyer
Satisfied Customers: 4879
Experience: Extensive experience representing employees and management
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