Empowering Your Business to Succeed & Thrive
We advise businesses to ensure compliance with California law and provide vigorous, expert defense in employment lawsuits.
Employee Termination
Serving Businesses Throughout Southern California
If your company plans to fire an employee, you may want to negotiate a severance agreement and liability waiver. Our team at Hackler Flynn & Associates will work closely with you and your team to make sure the provisions of those agreements protect your company and comply with the law.
At-Will or For Cause Termination
Whether your employee is let go “for cause” or “at will,” you should always review the person’s file before letting them go. Before proceeding, it is crucial to check if the employee has made any complaints about mistreatment, discrimination, or wage and hour issues. This way you are not firing the employee for a reason that he or she could claim is retaliatory.
What Our Clients Say
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“Absolute Pros. Cynthia and Emily helped navigate me through one of the most important business transactions of my life. They helped me clearly understand my ownership contract and ensure I made the right decision. Their services are worth every penny. The best attorneys I’ve hired.”- Dan E.
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“Cynthia and her team nailed it! We had a very specific, urgent employment issue, and Cynthia came recommended to me from a close friend. Her team was quick, effective, and professional all the way through and helped us close it out cleanly. Thank you!”- Nick F.
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“Cynthia is an exceptional law firm leader. She is highly capable, strategic, and thoughtful. Cindy is also a natural connector an oracle of local bar resources & knowledge, trusted by clients and fellow professionals alike to navigate them to what they need, both within and beyond her firm.”- Lauren P.
Severance Agreements and Liability Waivers
Under California law, you are not required to provide severance pay to terminated employees unless you previously contracted to do so. However, you may choose to offer severance pay in exchange for the employee’s agreement to certain terms. Here are a few terms that may call for a severance agreement:
1) Severance Pay
You may wish to offer a severance payment in exchange for the employee’s waive of claims against your company. These can include claims for wrongful termination, discrimination, or harassment. Liability waivers in severance agreements are generally enforceable, but some are not, including:
- Individual claims for wage and hour violations
- Unemployment compensation claims
- Workers’ compensation claims
- Waivers of age discrimination claims for employees over 40
- Waivers of unknown claims
2) Have an Employee Agreement
You may wish to offer severance pay to ensure the employee keeps certain information confidential. This typically includes trade secrets and other proprietary information.
3) Do Not Ask an Employee to Violate the Law or Lie to a Court
You should not include any provision in the severance agreement that would require an employee to violate the law or lie in a court or an official proceeding.
Contact us and our expert attorneys will help you prepare a severance agreement that best fits your company’s circumstances.
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Proactive CounselWe don’t just react to problems, we help prevent them by learning your business, reviewing contracts, and advising on day-to-day employment decisions.
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Woman-Owned Firm with Personalized ServiceAs a certified WBE and WOSB, we deliver responsive, flexible support with options for in-person, virtual, or phone consultations tailored to busy business owners.
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75+ Years of Combined ExperienceThe firm brings deep litigation and counseling experience that clients can trust in high-stakes situations.
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Boutique Employment Defense ExpertiseWe focus exclusively on protecting business owners in employment law, offering highly specialized knowledge.
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Every Case Prepared for TrialFrom beginning to end, we always help our clients prepare to win.
