Severance Agreement Attorney in Orange County

Employee-Only Representation Since 1995, for Workers Who Need to Know What They’re Signing

When your employer hands you a severance package, the lawyers who drafted it were working for the company. That document is designed to protect the employer’s interests, not yours. At The Gould Law Firm, we represent employees only and have done so since 1995. Our attorneys bring over 40 years of combined employment law experience reviewing wrongful termination, discrimination, harassment, and wage claims, the same claims that most severance agreements are written to release. That background gives us a substantive basis to evaluate what rights you may actually be giving up.

We offer a free initial consultation for employees in Orange County who have received a severance agreement. In qualifying matters, we work on a contingency basis, meaning no upfront legal fees while you’re navigating a job loss. Our memberships in the California Employment Lawyers Association and the American Board of Trial Advocates reflect our ongoing involvement in serious employment disputes.

Handed a severance package and unsure what you’re being asked to give up? Speak with a severance agreement attorney in Orange County before you sign. Call (714) 592-4936 or contact us online for a free consultation.

What a Severance Agreement Actually Does

A severance agreement isn’t just a check. It’s a legal contract that trades pay or continued benefits for a release of claims, typically barring future lawsuits for wrongful termination, discrimination, harassment, retaliation, or unpaid wages arising from your employment. Once you sign, those options are often gone.

The clauses beyond the dollar amount matter just as much. Most agreements include confidentiality provisions, non-disparagement language, cooperation requirements that can obligate you to assist the company after you’ve left, and language specifying how the employer will respond to reference inquiries. Each of these can carry real long-term consequences.

Two California-specific rules every employee should know:

• Non-compete provisions: California Business and Professions Code section 16600 renders most non-compete clauses void and unenforceable, even when they appear inside a severance agreement. An employer can’t effectively prohibit you from working for a competitor through a severance deal.
• Non-disparagement under SB 331: California’s Silenced No More Act, effective January 1, 2022, prohibits severance agreements from including non-disparagement clauses that prevent employees from disclosing unlawful workplace acts such as harassment or discrimination. Agreements that omit the required carve-out language are void as to that provision.

There’s also a context point most employees don’t consider: employers who offer severance sometimes do so because they recognize legal exposure in how the termination was handled. Understanding that context can change how you evaluate whether the offer in front of you reflects the actual value of your claims.

Steps to Take Before You Sign

The pressure to sign quickly is real. HR may set a short deadline, and you may feel torn between wanting closure and worrying about what you’re losing. A few careful steps can protect your position without creating unnecessary conflict.

Here are practical steps to protect yourself:

• Read the entire agreement and note all dates and response deadlines, but don’t sign on the spot.
• Gather documents: performance reviews, emails about your termination, any complaints you made internally, and employee handbooks or contracts.
• Avoid sending detailed written arguments to your former employer before speaking with an attorney.
• Write down a timeline of events while they’re still fresh.
• Contact our firm promptly so we have time to review the agreement before your deadline.

Many employees worry that asking for time or consulting an attorney will cause the offer to disappear. In most cases, it won’t. Under the federal Older Workers Benefit Protection Act (OWBPA), employees age 40 or older who are being asked to waive age discrimination claims under the ADEA must receive at least 21 days to review for an individual termination, or 45 days in a group layoff, plus a 7-day revocation window after signing. California’s SB 331 independently requires employers to give employees at least five business days to review any severance agreement containing a release of claims and to advise them of their right to consult an attorney. Taking that time is your right, not a negotiating risk.

Severance Agreements in Orange County

California’s wage, overtime, meal and rest break, and anti-discrimination laws are generally more protective of workers than those in most other states. That matters when evaluating a severance offer, because the strength of the underlying claims often determines how much leverage an employee has in negotiations.

When severance disputes grow out of termination or discrimination issues, related claims may be filed in Orange County Superior Court or, where federal claims apply, in the United States District Court for the Central District of California, which has jurisdiction over Orange County. We’re admitted to practice in all Federal District Courts in California, including the Central District, which positions us to pursue federal employment claims when that’s the right path.

We’re based in Santa Ana and regularly work with employees across Orange County. The county’s workforce spans professional services, technology, healthcare, and manufacturing, all sectors where layoffs and restructuring commonly trigger severance offers. We’re familiar with how employers in this area typically approach separations, which helps us frame your situation accurately. For clients who can’t travel, we can review agreements and discuss options by phone or secure electronic communication.

How We Review & Negotiate on Your Behalf

We start by reading every clause and explaining what it means in plain language. Our focus isn’t only on the dollar amount. We evaluate the release of claims, confidentiality requirements, non-disparagement scope, reference language, benefits continuation, and any cooperation provisions that could affect your time and obligations after leaving.

Because we handle the underlying claim types that severance agreements are most often written to extinguish, we can identify issues that aren’t visible on the surface. Signs of disability discrimination, retaliation after a harassment complaint, or unpaid overtime embedded in the circumstances of a termination can all affect how an agreement should be evaluated and whether the offer is appropriate given the facts.

In many matters, we work to improve terms beyond the base severance amount. We may seek changes to how references are handled, advocate for narrower confidentiality or non-disparagement provisions, and address cooperation language that could create burdens down the road. Results depend on the facts of each matter, but our goal is always to reduce the risk of unexpected consequences while accounting for your career priorities and need for resolution.

We know cost is a significant concern when you’ve just lost a job. Our free initial consultation means there’s no charge to review your situation with us. In qualifying matters, we work on a contingency basis rather than hourly billing, so our fee is tied to the outcome of your case.

Frequently Asked Questions

Can My Severance Package Be Negotiated?

Many severance packages can be negotiated, though the outcome depends on the facts. We look at the strength of potential claims, how the termination occurred, and the terms already offered. When the employer has meaningful legal exposure in how the separation was handled, that often creates room to seek better pay, improved reference terms, or narrower restrictive clauses.

How Do Your Fees Work If I’m Unemployed?

We offer a free initial consultation, so there’s no cost to talk through your agreement with us. In qualifying matters, we work on a contingency basis rather than charging by the hour. This structure is designed to make legal guidance accessible when you’re between jobs and don’t have income coming in.

How Quickly Can You Review My Agreement?

We understand severance deadlines are often short and work to schedule consultations and reviews promptly. The exact timing depends on the length and complexity of the agreement, but we’re mindful of the pressure employees face when a response is due within days.

Will My Employer Know I Talked to a Lawyer?

Your consultation with us is confidential. You decide whether and when your employer learns you have legal representation. In some situations it’s strategically useful for us to communicate directly with the company, but that only happens with your consent and at a time that makes sense for your matter.

Do I Need a Lawyer Even If the Severance Seems Fair?

A number that looks reasonable on the surface doesn’t tell you what rights you’re waiving or what the confidentiality, non-disparagement, or cooperation clauses can mean for your future. We can flag risks that aren’t obvious, help you assess whether the offer reflects your actual claims, and make sure the decision you make is an informed one.

Contact Our Severance Attorneys Before Your Deadline

Signing a severance agreement is a final step. Once you sign, challenging the underlying termination or the way you were treated at work becomes significantly harder. Before you reach that point, it’s worth having an employment law firm that has represented Orange County workers since 1995 review what you’ve been handed. We offer free consultations and contingency-based representation in qualifying matters, so the cost of getting answers doesn’t have to be a barrier when you’re already dealing with a job loss.

Before signing a severance package, understand what you’re giving up. Call (714) 592-4936 or contact us online to speak with a severance lawyer in Orange County today.