How long do I have to sign a severance agreement?

For a waiver of Age Discrimination in Employment Act claims, the Older Workers Benefit Protection Act sets conditions for a knowing and voluntary waiver. For an individual offer, these generally include at least 21 days to consider the agreement and advice in writing to consult an attorney.

Age and release scope both matter. Do not apply the 21-day period automatically to every document. Other required conditions include understandable wording, reference to ADEA rights and consideration beyond what the employee is already entitled to receive.

For specified exit-incentive or other employment-termination programs offered to a group or class, the consideration period is generally at least 45 days. Employers must provide written information about the relevant decisional unit, eligibility factors and time limits, and job titles and ages of selected and non-selected people in that unit.

The decisional unit and program details matter; the disclosure is not necessarily a list of everyone in the whole company. Ask for the accompanying disclosure and have an attorney assess whether the program and information meet the requirements.

Covered age-claim waivers generally give at least 7 days after execution to revoke and do not become effective until the period has expired. The document may specify who must receive notice and how it must be delivered.

Signing early can be voluntary, but does not eliminate the statutory revocation protection. Do not assume an email to any HR address is enough. Confirm the designated recipient, delivery method and receipt requirement.

The OWBPA periods described here concern ADEA waivers. They are not a universal federal consideration or revocation rule for every severance agreement. Other federal or state law, a contract, or the offer itself may provide different protections.

If the document gives a short deadline, ask in writing for clarification and more time. An extension is not guaranteed. A timing defect can affect an age waiver without proving every part of the agreement is invalid.

Keep the delivery date, written deadline, any revised offer, your signing date and the revocation instructions together. Save written confirmation of any extension. A document date is not necessarily the date you received it.

A signing or revocation deadline is separate from a deadline to file an agency charge or lawsuit. Do not assume one pauses the other. Contact a licensed attorney promptly rather than relying on a tool to calculate the calendar dates.

Keep these entries together with the original document. This record deliberately does not calculate a legal deadline: the applicable rule, triggering event and delivery instructions need confirmation.