Were you offered a severance agreement by your employer in San Diego, California? Before you sign anything, it is critical to understand exactly what you are agreeing to and what you may be giving up in return. Fairchild Employment Law can review your severance package and work to negotiate better terms on your behalf if there are any provisions that work against you.
Our top-rated employment law firm is dedicated exclusively to representing workers in the San Diego area. Our San Diego severance negotiation lawyers have decades of combined experience and have recovered millions of dollars for workers across California. We’ll bring the full force of our resources to work for you if you decide to choose us for your case.
Contact our law offices today for a consultation. We can help you understand your rights before you make any decisions.
Why Choose Fairchild Employment Law To Negotiate My Severance in San Diego, California?
Most employees do not realize how much room there is to negotiate a severance offer. Employers count on that and structure their agreements accordingly. Having a San Diego employment attorney on your side who understands the other side’s playbook can change the outcome dramatically.
Some of the reasons workers in San Diego trust our firm with their severance negotiations include:
- Founding attorney Jillian Fairchild spent over a decade and a half defending employers and insurance companies at law firms across San Diego, including an Am Law 100 firm representing Fortune 500 companies
- That defense background gives our team direct insight into how employers draft severance agreements and where there is room to push for better terms
- Our firm focuses exclusively on employee-side representation, so every resource we have goes toward protecting workers
- Clients consistently praise Jillian for her thoroughness and ability to explain complex legal issues in plain language
Call our San Diego severance negotiation attorneys today to set up your consultation. We’re ready to get started on your case as soon as you are.
Why You Should Never Sign a California Severance Agreement Immediately
Employers often present severance agreements with a sense of urgency. They may tell you the offer is only available for a limited time or imply that you have no choice but to accept what is on the table. That pressure is intentional and is meant to work in their favor.
Under California law, your employer must give you at least five business days to review a severance agreement before you sign. If you are 40 or older, federal law under the Older Workers Benefit Protection Act extends that review period to 21 days, or 45 days in the case of a group layoff. You are not required to sign early; doing so before consulting an attorney could mean leaving money on the table as well as unknowingly waiving legal claims you did not know you had.
What a Comprehensive San Diego Severance Package Should Include
A robust severance package goes well beyond a lump sum payment. Depending on your situation, there may be several components worth negotiating. Some of the terms our attorneys can push for include:
- A higher severance payout based on your tenure, role, and the circumstances of your departure
- Continuation of health insurance benefits or COBRA subsidies
- Payment for unused vacation or PTO
- Favorable language regarding references and future employment inquiries
- Removal or narrowing of non-disparagement clauses
- Elimination of any non-compete or restrictive covenant provisions, which are generally void in California anyway
Every severance situation is different, and what you should push for will depend on the specific facts of your case. Our legal team can help you identify the areas where your employer is most likely to move.
How a Severance Attorney Can Help Maximize Your Payout
Many employees assume the initial offer is the final offer. In our experience, that is rarely the case. Employers budget for negotiation, meaning the first number they put on the table is almost always lower than what they are willing to pay.
A severance attorney can evaluate the strength of any underlying legal claims you may have, such as wrongful termination or discrimination, and use that leverage during negotiations. Whether or not you actually intend to file a lawsuit, the existence of a viable claim changes the math for your employer and often leads to a significantly better offer. Our law firm can handle every aspect of this process so you do not have to go back and forth with your former employer on your own.
California Laws That Protect Your Rights in a Severance Agreement
California has enacted several laws in recent years that directly affect what employers can and cannot include in a severance agreement. Learning about these protections is key before you sign anything.
AB 692 and Protections Against Stay or Pay Debt Traps
Effective January 1, 2026, Assembly Bill 692 prohibits employers from including “stay or pay” provisions in employment contracts. These clauses historically required employees to repay training costs, sign-on bonuses, relocation expenses, and other benefits if they left the company before a specified date.
Under AB 692, these provisions are now void and unenforceable, and workers affected by them can pursue minimum damages of $5,000 per violation. If your severance agreement references any outstanding repayment obligations, our attorneys can determine whether those provisions are enforceable under the new law.
The Silenced No More Act
Senate Bill 331, known as the Silenced No More Act, took effect on January 1, 2022, and limits what employers can keep confidential in a severance agreement. Employers cannot use non-disclosure or non-disparagement clauses to prevent you from discussing workplace harassment, discrimination, or retaliation.
They can still require you to keep the dollar amount of your severance confidential, and they can protect legitimate trade secrets, but they cannot silence you about unlawful conduct. If your agreement includes language that restricts your ability to speak about your workplace experience, it may not be enforceable.
Identifying Illegal Provisions and Unfair Bonus Clawbacks
Severance agreements sometimes contain provisions that are either unenforceable under California law or designed to pressure you into accepting less than you deserve. Non-compete clauses are one of the most common examples. California’s Business and Professions Code § 16600 makes these provisions void in nearly all circumstances, yet employers still include them regularly.
Bonus clawback provisions are another area where employees frequently lose money they are entitled to keep. Some employers structure these clauses to claw back earned bonuses or commissions upon separation, even when the employee has already performed the work. Depending on how the provision is written, it may violate AB 692 or California’s wage protection laws. Our employment lawyers will review every clause in your agreement and flag anything that crosses the line.
Contact a San Diego Severance Negotiation Attorney for a Case Evaluation
If your employer has put a severance agreement in front of you, do not sign it until you have spoken with an attorney who represents employees. Fairchild Employment Law has the defense-side experience to see through employer tactics and the employee-side dedication to make sure you walk away with the best possible outcome.
Call our San Diego severance negotiation attorneys today at (619) 853-2713 to schedule your consultation and take control of your next chapter.