Severance Package Review by Experienced San Diego Employment Attorneys

Your employer’s severance offer was written to protect their interests — not yours. Before you sign anything, let our San Diego employment lawyers evaluate what you’re actually giving up and what you may be entitled to negotiate.

San Diego Employees Deserve a Fair Exit

When a San Diego employer extends a severance offer, it is rarely out of generosity. Severance agreements are legal instruments designed to extinguish claims — and San Diego employers in the defense, biotech, hospitality, and tech sectors lean heavily on boilerplate language that favors the company at every turn.

At Light & Miller, LLP, our employment attorneys represent San Diego workers who want to know exactly what they are agreeing to before they give up the right to sue. We review the entire agreement, identify leverage points, and negotiate directly with your employer for better terms.

Whether you work in Mission Valley, Downtown San Diego, Sorrento Valley, Chula Vista, or anywhere throughout San Diego County, our team is ready to fight for a fair outcome.

What San Diego Severance Agreements Typically Require You to Waive:

• All discrimination and harassment claims under California and federal law
• Wage and hour violations including unpaid overtime or missed meal periods
• Wrongful termination and retaliation claims under California Labor Code
• Future employment in your industry through non-compete provisions (often unlawful under California law)
• The right to speak publicly about your employment experience
• Equity compensation, unvested stock, and bonus entitlements

Ready to discuss your severance package case in San Diego? Contact us today for a consultation.

What San Diego Severance Agreements Often Get Wrong

Problematic Terms We Routinely Find:

• Overly broad release language — covering claims you haven’t yet discovered, including wage theft and retaliation claims that may have significant value
• Unlawful non-compete provisions — California Business & Professions Code §16600 renders most non-competes void, but employers still insert them hoping employees won’t know
• Artificially short deadlines — designed to push you into signing before consulting an attorney or fully understanding your options
• Non-disparagement clauses with no reciprocity — you are silenced, but the employer retains the right to speak freely about your departure

Terms We Can Negotiate or Improve:

• Increased severance pay — we routinely secure more weeks of compensation, particularly when your employer faces credible legal exposure
• Extended healthcare benefits — bridging coverage until you secure new employment is frequently achievable through negotiation
• Equity and vesting acceleration — critical for San Diego defense contractors, biotech employees, and tech workers holding RSUs or stock options
• Preservation of certain legal claims — not all claims must be waived; we push to carve out rights that hold ongoing value

San Diego Employers Say “Non-Negotiable.” They Rarely Mean It.

Throughout San Diego County — from the biotech corridor in Torrey Pines to defense contractors in Kearny Mesa — employers routinely present severance packages as firm and final. In our experience, that framing is almost always negotiating strategy, not reality.

When a San Diego employer offers severance, it signals they want to close potential legal exposure quickly. That concern gives you leverage. Our attorneys understand how to use it.

Our Three-Step Negotiation Approach:

1. Identify Your True Leverage — We assess what claims you may have — discrimination, retaliation, wage violations — and quantify the employer’s actual legal exposure before we begin any negotiation.
2. Challenge Unlawful Terms — We identify provisions that violate California law or exceed what is legally enforceable, which often gives us grounds to demand revisions the employer cannot reasonably refuse.
3. Demand Better Compensation — Using your leverage and our knowledge of San Diego employment practices, we negotiate directly for greater pay, benefits, and equity — backed by the willingness to litigate if needed.

California and Federal Protections San Diego Employees Should Know

Employees Age 40 and Over: OWBPA Protections

Under the Older Workers Benefit Protection Act, any San Diego employee aged 40 or older must receive:

1. A minimum 21-day period to review the agreement (45 days in group layoffs)
2. A 7-day window to revoke your signature after signing
3. Clear, plain-language explanation of any waiver of age discrimination claims

Failure to comply with these requirements can invalidate the release in its entirety.

California-Specific Wage Protections

California law imposes strict requirements on how severance agreements may address wage claims. Employers cannot waive PAGA claims through private agreements, and certain categories of wage violations carry penalties that may not be released without specific statutory compliance.

Non-Compete Prohibition

California is one of the strongest states in the nation for employees on this issue. Under Business & Professions Code §16600, virtually all non-compete clauses are void and unenforceable. If your severance agreement contains one, you have grounds to demand its removal — or to challenge enforcement if your employer attempts it.

Whistleblower & Retaliation Claims

If your termination followed a report of illegal conduct, a complaint to HR, a workers’ compensation claim, or other protected activity, your employer may have significantly greater legal exposure than they have disclosed. These claims require immediate evaluation before any release is signed.

Why San Diego Employees Choose Light & Miller, LLP

Trial Lawyer Mindset — We review every severance agreement the way we prepare for trial — rigorously, looking for what can be challenged, leveraged, or litigated. Employers know we won’t back down from a fight.

No Fees Unless We Win — Our employment attorneys work on a contingency basis for eligible cases. You will not owe attorney fees unless we achieve a favorable outcome on your behalf.

Local San Diego Knowledge — We understand the employment landscape specific to San Diego — from the defense and military sector to biotech, healthcare, hospitality, and the growing tech community. Industry context matters in negotiation.

Dedicated Client Service — From your first consultation through final resolution, we remain accessible and responsive. We can come to you if circumstances make it difficult to travel to our San Diego office.

What Light & Miller Reviews in Your San Diego Severance Agreement

When Light & Miller, LLP conducts your severance review, our attorneys evaluate:

• Whether the severance amount reflects your realistic potential claims under California and federal law
• Whether the release language exceeds what is legally permissible under California standards
• Whether confidentiality and non-disparagement provisions are mutual and proportionate
• Whether any non-compete, non-solicitation, or garden leave terms violate California’s §16600 prohibition
• Whether the agreement meets OWBPA requirements if you are 40 years of age or older
• Whether additional severance pay, benefits continuation, or equity compensation can be negotiated
• Stock options, RSUs, and equity vesting acceleration for biotech and tech employees in San Diego
• Industry-specific considerations relevant to San Diego’s defense, healthcare, and hospitality sectors

When to Contact a San Diego Severance Attorney Immediately

Contact us right away if any of the following apply to your situation:

• You were terminated or laid off without clear explanation by a San Diego employer
• You believe your dismissal was connected to age, race, gender, disability, pregnancy, or another protected characteristic
• Your termination followed a complaint to HR, a workers’ comp claim, or any protected activity
• You are owed unpaid wages, commissions, bonuses, or vested equity that was not addressed in the offer
• Your employer is pressuring you to sign before reviewing the document with an attorney
• The agreement contains penalty clauses or threatens consequences for non-compliance
• You work in the defense, biotech, or tech sector and have equity compensation concerns
• Your San Diego employer is conducting a mass layoff, reduction in force, or restructuring

Deadlines are set by employers specifically to limit the time you have to think, consult, and negotiate. Once a deadline passes or a signature is given, your options narrow dramatically. The sooner you contact Light & Miller, the more time we have to evaluate your position, identify leverage, and negotiate from strength.

A Severance Offer Is Not a Favor — It’s a Business Decision

Your employer has already had attorneys draft that agreement. You deserve the same representation before you sign anything.

Contact Light & Miller, LLP today for a free, confidential consultation with an experienced San Diego employment attorney.

Severance Package Review Services in San Diego and Throughout California

Our employment attorneys provide severance package consultation, severance agreement review, and severance package negotiation services to employees throughout San Diego, Chula Vista, El Cajon, Escondido, Oceanside, Vista, Carlsbad, National City, and all of San Diego County. Whether you need a severance attorney for a tech layoff, executive termination, defense industry separation, or any other employment matter, we are here to protect your rights.

Call (925) 932-7026 or fill out our online contact form to schedule your free consultation.