Severance Agreements in California: What to Review Before You Sign
Most severance offers are first offers. Here is how California law limits what an employer can ask you to give up, and where the real negotiating room usually sits.
By Ingrid Rainey · August 19, 2026 · 7 min read

Effective January 1, 2026, California Business and Professions Code section 16608 — added by AB 692 — bars employers from conditioning employment on an agreement requiring a worker to repay certain costs if the employment relationship ends. Agreements that violate the statute are void, and the enforcement mechanics are aggressive enough that stale templates are a real liability.
The core prohibition targets contracts that make a worker pay the employer back on separation: training repayment agreement provisions (TRAPs), relocation clawbacks, immigration-sponsorship cost recovery, equipment charges, and similar terms dressed up as loans.
The restriction is not retroactive, so it applies to contracts entered into on or after the effective date. That is cold comfort for employers using an onboarding packet that has not been reviewed since 2024.
Have a question about your situation?
Rainey Law P.C. advises San Diego businesses and employees on matters like this one.
Request a consultationDo not pay in response to a demand letter before the agreement is reviewed. If the contract was entered into in 2026 and does not meet the statutory conditions, it may be void — and the demand itself can create exposure for the employer.
Most are prohibited under section 16608, with narrow exceptions. Sign-on and retention bonus repayment can survive only if it satisfies the statute's separate-agreement, review-period, proration, and deferral requirements.
The law is not retroactive, but pre-existing agreements may still face challenges under other doctrines, and enforcing them in 2026 invites scrutiny.
Void and unenforceable terms, a private right of action, statutory damages of at least $5,000 per worker, injunctive relief, attorneys' fees, and potential PAGA representative claims.
This article is general information, not legal advice, and does not create an attorney-client relationship. Outcomes depend on the facts of each matter.
Most severance offers are first offers. Here is how California law limits what an employer can ask you to give up, and where the real negotiating room usually sits.
California does not merely refuse to enforce non-competes — it makes including or enforcing one a violation in its own right, with attorney's fees for the employee.
At-will means an employer can fire you for a good reason, a bad reason, or no reason — but not for an unlawful reason. The case turns on which one it was.
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