California Severance Agreement Over 40 Template

California has numerous rules designed to protect and uphold the rights of employees. Known for having the most employee-friendly laws in the country, California is often seen as a haven for workers. However, these laws do not undermine the rights of employers. As an employer, it is essential to understand these laws to protect your business from potential abuse. Here are some common myths about employment laws for employers and the clarifications debunking them.

**Myth: Employers don’t need to give overtime pay since some employees may be exempt.**

**Truth:** While certain salaried, executive, administrative, or professional employees are exempt from receiving overtime pay, many employees are entitled to it. To determine which employees are exempt, consult the state’s Wage and Hour Law. This will help you identify who is eligible for overtime pay and who is not.

**Myth: Employers must provide severance pay to terminated employees.**

**Truth:** The law does not require employers to provide severance pay. It is up to the company’s discretion to offer a severance package to departing employees. Employees cannot file claims against employers for failing to pay severance unless it was stipulated in the employment contract.

**Myth: Employers can only terminate employees for unsatisfactory performance or other justifiable causes.**

**Truth:** California is an “at-will” employment state, meaning employers can terminate employees for any reason, except for those prohibited by law. Terminations are only questionable if there is an existing agreement between the employer and employee or if the termination is due to discrimination based on age, sex, race, religion, retaliation for union involvement, whistle-blowing, or other protected activities.