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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38104
Experience:  Retired (mostly)
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I have been offered a settlement of 5000 to leave the company.

Customer Question

I have been offered a settlement of 5000 to leave the company. I dont feel thats enough, how can I get it raised?
Also, 3 weeks ago I had a car accident in a hit and run during sales calls and had to pay 1000 dedictible and 313 dollars in rental car insurance. Can I get reimbursed on that?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
I have been offered a settlement of 5000 to leave the company. I dont feel thats enough, how can I get it raised?

A: California employment is "at will," absent a contract in which the employer agrees to maintain employment for at least one month. Cal. Labor Code 2922. Consequently, the only way to negotiate any severance is to demonstrate that you have a viable legal action for unlawful discrimination, or violation of some public policy or Labor Code section. Without your explaining the reasons for your termination, I cannot comment intelligently on any means of increasing your settlement. However, given that the employer is already offering something, it must sense a risk, because most employers never offer any severance at all.

Also, 3 weeks ago I had a car accident in a hit and run during sales calls and had to pay 1000 dedictible and 313 dollars in rental car insurance. Can I get reimbursed on that?

A: Cal. Labor Code 2800 requires that the employer must indemnify employees for any damages caused by the employee's lack of due care within the scope of employment. If you were driving to a sales call on employer business, then you are legally entitled to reimbursement -- and if the employer refuses, then you can sue for violation of the Labor Code.

Hope this helps.