California Employment Law

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California Employment Law
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i need an employment attorney to look at my seperation agreement

for CA Law......
i need an employment attorney to look at my seperation agreement for CA Law...
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Answered in 17 minutes by:
1/4/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello and welcome to JustAnswer.

I am a California employment law attorney and can look at your separation agreement for you.

Could you please attach it and let me know what questions you have regarding your separation agreement.
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Thks Joseph,

I cant seem to attach the doc- if you can send me your email address i can send it to you.

 

I have been pretty confused the last few weeks & starting to process a little better now.

 

Here's my thoughts:

1- the severance agreement needs to be returned 1/20/13

1A-

A few items I feel may be appropriate to ask for with 20 years and $50M in sales the last 5 years … the #1 producer of the division’s sales….without losing what has been offered?

 

  1. -Disability waiver in agreement in clause 13?

-Does the clause in item #10 prevent me from filing for California State Temporary Disability? i have been advised to apply for this.

 

  1. -20 months of severance vs 12 weeks?
  2. Severance to include commission average for the last 20 months - My compensation program is weighted 50%+ commission?
  3. -Medical Insurance continue for length of severance?
  4. -401k contributions/match
  5. allowed to be contributed through length of severance

 

1B

It feels rather obvious age 62 is why I was not offered another sales position after successfully managing those positions personnel previously for 20 years.

What could the monetary best case scenario if an age discrimination and or wrongful termination should there be a case & won?

 

Thank You, XXXXX XXXXX VP Special Markets…XXX-XXX-XXXX x 2550….cell XXX-XXX-XXXX

Customer reply replied 4 years ago

Joseph, did you receive my response? Vince

Hello Vince,

Unfortunately, JustAnswer experts are not allowed to give out personal contact information, such as email addresses. Have you tried to attach the document using the paper clip icon? If it's too large, have you tried attaching the document as individual pages instead of the entire document?

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Customer reply replied 4 years ago

I'll go through the items you mentioned.

 

1. 20 weeks would definitely be reasonable.

 

2. No, the agreement doesn't prevent you from claiming California State Disability benefits.

 

3. Yes, commission being part of your severance would be reasonable.

 

4. Medical insurance for length of your severance--not sure what you mean. You're only being offered COBRA coverage, which every employee has a right to anyway, and your employer cannot extend your eligibility for that coverage. If you want health insurance benefits paid by the company, you need to negotiate for that.

 

5. I doubt they'd be willing to match your 401k contributions now that you are no longer with the company, so I doubt they'd agree to that provision.

 

If you believe that your age was the primary factor in your termination, you should not sign away your rights to sue under the Age Discrimination in Employment Act, since you could potentially receive 10s of thousands or possibly 100s of thousands (less likely) from a successful claim.

 

Unfortunately, if there were any other issues with your work or anything else, your employer would probably defeat your cause of action, so you definitely shouldn't base your decision on the amount you could get from an Age Discrimination law suit.

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Joseph and 87 other California Employment Law Specialists are ready to help you
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Customer reply replied 4 years ago


Thks Joseph for the quality info!


Can you tell me if i am entitled to a copy of my employment file?


if so is there a specific amount of time i can request it be sent to me?


THKS

Yes, you are entitled to a copy of your employment file. You can be sent a copy of the file or request that you can view a copy of the file with your employer in order to see it.
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Customer reply replied 4 years ago


thks again joseph....your answers are very clear & to the point ...can you work with me through phone or personal contact or reccommend someone in orange county ca of your same caliber?


 

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Joseph
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
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