Did Your Company Offer You a Separation Agreement? Here's What to Do as a California Employee

What Do California Employees Need to Know About Separation Agreements Before They Sign? 

Receiving a separation agreement from your employer can be overwhelming, especially when it arrives unexpectedly or at an already stressful moment. For California employees, these agreements are more than routine HR paperwork. They are legally binding contracts that can significantly affect your financial security, future employment opportunities, and ability to assert your legal rights. Understanding what a separation agreement includes, what your employer may be asking you to give up, and what protections California law provides is essential before you sign.

California employees should know that separation agreements often contain provisions related to severance pay, release of legal claims, confidentiality, non-disparagement, and post-employment restrictions. Some of these terms may limit your ability to sue for workplace violations, discuss your experience, or even compete in your field. Others may be negotiable or subject to strict legal requirements under California law, including mandatory review periods and the right to consult an attorney. Before signing anything, it’s critical to understand not only what the agreement says, but also what it may leave out, along with steps you can take to protect yourself and your future.

Key Steps to Take When Presented with a Separation Agreement 

1. Read Thoroughly 

It’s crucial to review every detail of the agreement before making any decisions. Pay close attention to clauses such as: 

• Release of claims – By signing, you may be waiving your right to file certain claims against your employer. 
• Confidentiality provisions – Some agreements prevent you from discussing the terms or circumstances of your departure. 
• Non-compete agreements – California law generally prohibits non-compete agreements (Business and Professions Code § 16600), meaning your employer cannot lawfully restrict your ability to work in your industry. However, some agreements may still attempt to impose limitations, so it’s important to review them carefully. 

• Restrictions on future employment – Your employer may impose limitations that affect your career opportunities. 

Understanding these terms will help you make an informed decision about whether to accept, negotiate, or decline the separation agreement your employer has presented to you. 

2. Identify Your Priorities 

Before deciding how to proceed, determine what matters most to you. Key considerations include: 

• Severance package – Is the compensation fair based on your tenure and position? 
• Continuation of benefits – Will your health insurance or other benefits be extended, and for how long? 
• A positive reference – Can you negotiate the terms of how your departure will be communicated to future employers? 

Knowing your priorities will help you decide whether to accept the separation agreement as-is or push for better terms. 

3. Seek Legal Advice 

Employment laws can be complex, and separation agreements often contain legal jargon that’s easy to overlook. Consulting with an employment lawyer is one of the smartest steps you can take. A lawyer can: 

• Explain the legal implications of signing. 
• Determine whether the severance package is fair, based on your tenure and role. 
• Advise you on whether to negotiate or reject the offer. 

Many attorneys offer initial consultations, so it’s worth seeking professional advice before making a final decision. 

4. Negotiate If Possible 

If certain terms of the agreement don’t work in your favor, you may have room to negotiate. Employers often expect some level of discussion before finalizing an agreement. Consider requesting: 

• A higher severance payout if you believe the offer is too low. 
• Extended health benefits to give yourself more time to transition. 
• Revisions to restrictive clauses, such as modifying a non-compete to allow for better job opportunities. 
• A well-reasoned counteroffer can sometimes lead to improved terms, so don’t hesitate to negotiate. 

When You Might Consider Not Signing a Separation Agreement 

While a separation agreement can provide financial security and a smooth transition, there are situations where signing may not be in your best interest. 

• You believe you have a valid legal claim against the company – If you were wrongfully terminated, faced discrimination, were retaliated against, or have unpaid wages, signing may waive your right to take legal action. 
• The severance package is inadequate – If the offer is far below what you believe you're entitled to, it may be worth negotiating or even rejecting the deal. 
• You are unsure about the terms – Never sign an agreement you don’t fully understand. Seek legal advice before making a commitment. 

Important Questions to Ask Your Employer 

Before agreeing to anything, ask your employer these key questions: 

• What is the reason for my termination? 
• What is the severance pay amount and how is it calculated? 
• How long will my health insurance benefits continue? 
• Are there any restrictions on my future employment? 
• Can I discuss this agreement with a lawyer? 

A separation agreement is more than just paperwork—it’s a legally binding document that can affect your career and financial well-being. Take the time to review it carefully, identify your priorities, and seek professional guidance if needed. Whether you negotiate, accept, or decline, making an informed decision is key to securing the best possible severance package and protecting your future. 

If you’re unsure about your rights or need help negotiating a better deal, consult with Lawyers for Employees and Consumer Rights. Their experienced employment attorneys can review your agreement, advise you on your best options, and ensure you don’t sign away valuable rights. Contact us today to protect yourself and get the compensation you deserve. 

Call 844-950-0696 today for a free and confidential consultation to discuss your separation agreement and ensure you get the help you need and deserve. 

Frequently Asked Questions

1. What is a separation agreement?
A separation agreement is a legally binding contract between an employer and employee that outlines the terms of ending employment. It may include severance pay, benefits continuation, release of claims, and other conditions.

2. Do I have to sign a separation agreement in California?
No, signing is usually voluntary. However, refusing to sign may mean you forfeit severance or other benefits offered in exchange for the agreement. It’s important to carefully weigh the risks and benefits before deciding.

3. Can I negotiate the terms of a separation agreement in California?
Yes. Many aspects, such as severance amount, references, confidentiality clauses, or non-compete restrictions, can often be negotiated. Consulting an employment attorney can help you understand your options and improve your agreement.

4. What should I do if my employer pressures me to sign quickly?
You should never feel rushed. California employees have the right to take time to review a separation agreement, and in some cases, laws like the OWBPA require specific review periods. Asking for additional time and consulting an attorney is strongly recommended.

5. Can I change my mind after signing a separation agreement in California?
It depends. Certain agreements allow a brief “revocation period” (for example, under federal OWBPA rules for age-related claims), but in most cases, once signed, the agreement is binding. It’s crucial to review and understand the terms before signing.

6. What rights might I be giving up by signing the separation agreement?
By signing, you may waive the right to sue your employer for claims such as discrimination, harassment, wrongful termination, unpaid wages, or other workplace violations. Make sure you understand exactly what claims are being released.



7. Should I consult a California employment attorney before signing a separation agreement?
Yes. An employment attorney can explain your rights, identify potentially unfair terms, and help negotiate for better protections or compensation. This is especially important in California, where state labor laws provide additional protections.