If you are a tech worker in California and are facing termination, it is important to understand your rights and options for negotiating a severance agreement. Here are some key tips to keep in mind:

1. Understand your rights under California law: California is an at-will employment state, which means that employers can terminate employees at any time, for any reason (with some exceptions). However, there are certain protections in place to prevent discrimination, retaliation, and harassment. It is important to understand these protections and whether they may apply to your situation.
2. Review your employment contract: If you have an employment contract, it may contain specific provisions related to severance pay and other benefits. It is important to review this document carefully to understand your rights and obligations.
3. Negotiate for a severance package: Even if you are not entitled to severance pay under your employment contract, you may be able to negotiate a severance package with your employer. This may include things like a lump sum payment, continued health benefits, or outplacement services.
4. Be prepared to discuss your reasons for leaving: When negotiating a severance package, it is important to be prepared to discuss the reasons for your departure. This may include factors such as a lack of growth opportunities, a change in company direction, or a toxic work environment.
5. Seek legal advice: If you are facing termination, it may be beneficial to consult with an attorney who specializes in employment law. An attorney can help you understand your rights, review any legal documents, and negotiate a severance agreement on your behalf.
6. Consider a mutual release: A mutual release is an agreement in which both you and your employer agree to release each other from any future legal claims related to your employment. This can be a valuable tool in protecting yourself and your employer from potential lawsuits. Be sure to review the mutual release language carefully, and consider consulting with an attorney to ensure that your rights are protected.
7. Negotiate the vesting of any stock shares: If you have been offered stock shares as part of your compensation package, it is important to negotiate the vesting of these shares. Vesting refers to the process by which you become entitled to the shares over time. If you are facing termination, you may be able to negotiate an accelerated vesting schedule, which would allow you to take ownership of the shares sooner. This can be an important consideration, as stock shares can be a significant source of financial compensation.
8. Review any non-disclosure and non-compete agreements: Many tech companies require employees to sign non-disclosure agreements (NDAs) and non-compete agreements (NCAs) as a condition of employment. These agreements can limit your ability to share company information or work for a competitor after your employment ends. It is important to review any NDAs and NCAs that you have signed to understand the restrictions they impose and how they may affect your ability to find new employment.
9. Try to limit restrictions on non-disclosure and non-compete agreements: If you are facing termination, you may be able to negotiate a release from or modification of the restrictions in any NDAs or NCAs that you have signed. This could include limiting the duration of the restrictions, narrowing the scope of the information that is protected, or allowing you to work for a specific competitor. It’s important to consult with legal counsel to understand the legal enforceability of such agreements in California.

Facing termination can be a difficult and stressful experience, but understanding your rights and being prepared to negotiate a severance agreement can help you make a smoother transition to your next work experience.  

Contact Our Legal Experts

It is important to note that before signing a severance agreement, it is advisable to consult with a lawyer or attorney to ensure that the agreement is legally binding and enforceable according to the laws of California.  Please feel free to reach out to Salusky Law Group with any questions you may have at (562) 855-0004.