Severance Agreement Review Lawyer in Glendale & Los Angeles

If your employer handed you a severance or separation agreement and asked you to sign, California law may give you time to review it—and important limits on what the agreement can restrict. Every agreement and every situation is different. MAGISA LAW represents employees in Glendale and Los Angeles County who want an attorney to help them understand what they are being asked to sign before they decide.

Call 888-818-1099 for a free consultation to talk through your situation with an attorney · Contact form · Office at 2550 Honolulu Ave, Suite 105, Glendale, CA 91020

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• Fee and cost terms are discussed in consultation
• Glendale office serving Los Angeles County employees

California does not generally require severance pay

The Division of Labor Standards Enforcement (DLSE) states that there is no legal requirement under California law that employers provide severance pay when employment ends. Whether severance is offered depends on the employer’s policy, a contract, a collective bargaining agreement, or a negotiated separation. An offered package may still be worth reviewing carefully—especially if it asks you to waive claims in exchange for payment.

Five business days to consult an attorney (Gov. Code § 12964.5)

Under Government Code section 12964.5, when an employer offers an employee or former employee an agreement related to separation from employment, the employer shall:

• Notify the employee that the employee has a right to consult an attorney regarding the agreement; and
• Provide a reasonable time period of not less than five business days in which to do so.

An employee may sign earlier only if the decision to shorten the time is knowing and voluntary and is not induced by fraud, misrepresentation, a threat to withdraw or alter the offer before the period ends, or by giving different terms to people who sign early. Whether those conditions are met depends on the facts.

What separation agreements often include—and what California limits

Section 12964.5 and CRD’s related guidance address several common clauses:

• General release of claims. A lawful, otherwise-valid general release or waiver of claims in a separation agreement is not prohibited by this section. Whether a particular release is lawful and what it covers is case-specific.
• Nondisparagement / confidentiality about “unlawful acts.” An employer or former employer may not include a provision that prohibits disclosing information about unlawful acts in the workplace. If a nondisparagement or similar clause restricts discussion of workplace conditions, it must include language in substantial form stating that nothing in the agreement prevents discussing or disclosing information about unlawful acts in the workplace—such as harassment or discrimination or other conduct the employee has reason to believe is unlawful.
• Severance amount confidentiality. The statute does not prohibit a provision that precludes disclosure of the amount paid in a severance agreement.
• Trade secrets. The statute does not prohibit protecting trade secrets, proprietary information, or confidential information that does not involve unlawful acts in the workplace.

Separately, it is an unlawful employment practice to require a FEHA release or a nondisparagement clause that denies the right to disclose unlawful workplace acts in exchange for a raise or bonus, or as a condition of employment or continued employment. Those rules differ from post-separation agreements; an attorney can help sort which framework applies.

If you are age 40 or older (federal ADEA / OWBPA overview)

Federal law may add extra timing rules when a waiver of Age Discrimination in Employment Act (ADEA) rights is involved. EEOC guidance on the Older Workers Benefit Protection Act (OWBPA) explains that a knowing and voluntary ADEA waiver generally requires, among other things, that the individual be given a period of at least 21 days to consider the agreement (or at least 45 days if the waiver is requested in connection with an exit incentive or other employment-termination program offered to a group or class), and a period of at least 7 days following execution to revoke the agreement. How those federal rules interact with California’s five-business-day notice and with your particular document depends on the facts. Bring the agreement to a consultation rather than guessing from a webpage.

Final pay is separate from severance

Whether or not severance is offered, California final-pay rules may still apply. Final wages are discussed on our last paycheck page. Severance timing and final-pay timing are not the same question. An attorney can help you sort both.

What an attorney may look for in a review

In a free consultation, MAGISA LAW may discuss topics such as:

• How much time you appear to have under California’s five-business-day rule and any longer period stated in the document or required by federal law
• What claims the release appears to cover—and what it may not cover
• Whether nondisparagement, confidentiality, noncompete-style, or return-of-property clauses raise concerns under current California rules
• Whether unpaid wages, overtime, breaks, discrimination, harassment, leave, retaliation, or other issues may still be worth discussing before you waive them
• Whether the payment offered appears tied to a release of claims you may not want to give up without more information

No website can tell you whether to sign. Every case is different.

Injured at work?

If your separation followed a workplace injury, leave request, or accommodation issue, related pages may help you prepare for a consultation: leave of absence (CFRA / FMLA), disability discrimination & reasonable accommodation, and our planned injured at work hub.

What to gather before you call

1. The full severance / separation agreement (every page and exhibit)
2. Any cover email or letter stating how long you have to decide
3. Offer letter, handbook excerpts, and prior agreements (arbitration, confidentiality)
4. Final paycheck, paystubs, and PTO / vacation balance statements
5. A short timeline of why you believe you were separated (performance, restructuring, complaint, leave, injury, or other)
6. Any prior complaints, HR tickets, or medical / leave paperwork

If the deadline is close, call anyway with what you have. MAGISA LAW reviews every case and discusses next steps in a free consultation.

Related MAGISA LAW pages

• Wrongful termination
• Workplace retaliation
• Last paycheck
• Glendale employment lawyer
• Contact

Free consultation with MAGISA LAW

MAGISA LAW invites Glendale and Los Angeles County employees to contact the firm for a free consultation to talk through a severance or separation agreement with an attorney. Call 888-818-1099, email hello@magisalaw.com, or use the contact page.

Consultations are available in English, Spanish, Armenian, and Russian with an attorney.

Fee and cost terms are discussed during the free consultation.

Office: 2550 Honolulu Ave, Suite 105, Glendale, CA 91020.

Frequently asked questions

Does California law require my employer to pay severance?

Generally no. DLSE states there is no legal requirement under California law that employers provide severance pay upon termination. Whether severance is offered depends on policy, contract, or negotiation.

How long do I have to review a separation agreement?

Government Code section 12964.5 requires notice of the right to consult an attorney and a reasonable period of not less than five business days. Federal ADEA/OWBPA rules may require longer consideration and a revocation period when age claims are waived. Timing for your document depends on the facts—call promptly.

Can a severance agreement stop me from talking about harassment or discrimination?

Section 12964.5 generally prohibits provisions that ban disclosure of information about unlawful acts in the workplace and requires specific carve-out language in many nondisparagement clauses. Whether a particular clause complies is fact-specific.

Should I sign if I need the money quickly?

That is a personal and legal judgment. An attorney can help you understand what you may be giving up and whether the timing rules allow a short, informed review before you decide. Every situation is different.

What if I need help understanding the agreement quickly?

MAGISA LAW reviews every case. Call with the agreement and any deadline letter so an attorney can discuss timing and next steps.