Severance guide
Should I sign my severance agreement?
Five checks to make before deciding: release scope, payment conditions, restrictions, timing and employment facts. The tool does not decide for you.
1. Identify what you give up
Read the release separately from the payment paragraph. Note which claims are named, whose conduct is covered and whether other agreements remain in force. The EEOC explains that certain rights, including filing a charge or participating in an agency proceeding, cannot simply be eliminated by a release.
Do not assume that keeping the right to contact an agency means you retain every right to personal recovery. Those are different questions. Ask an attorney to explain the particular wording and applicable law.
2. Check when and how payment occurs
Find the gross amount, deductions, payment date and any condition such as returning equipment, not revoking, or complying with continuing restrictions. Compare the offer with any existing contract or severance plan.
Final wages and other earned compensation need their own review. State law can govern timing and payable amounts. A release label alone does not settle whether each proposed wage waiver is enforceable.
3. Read obligations that continue after employment
List confidentiality, non-disparagement, non-compete, non-solicit, no-rehire and cooperation clauses. Check whether they bind one or both sides, how long they last, which affiliates they cover and whether a breach triggers repayment.
State law, worker status and the exact restriction matter. A clause can be worth clarifying without automatically being invalid. Do not stop at the heading; exceptions and remedies elsewhere may change its effect.
4. Confirm your actual timeline
For covered ADEA waivers by workers 40 or older, federal rules generally require at least 21 days to consider an individual offer, 45 days for specified group programs, and 7 days to revoke after signing. Other validity conditions also apply.
These periods are not universal deadlines for every employee or every agreement. Record when the offer was delivered, the written deadline, any changes and the revocation delivery instructions. Ask an attorney to calculate the applicable dates.
5. Bring the employment facts as well as the document
An agreement cannot explain everything that happened before it. Preserve relevant pay records, performance reviews, leave requests and complaint correspondence that you lawfully possess. Do not take confidential employer files you are not entitled to retain.
If you believe discrimination, retaliation or unpaid wages are involved, seek legal help before releasing claims. Signing, rejecting and letting an offer expire each have consequences; this guide cannot tell you which choice is right.
What to bring to an attorney review
A useful review needs the offer and the employment facts. Prepare this record without sending confidential employer material you are not entitled to keep.
| Topic | Bring or record | Unresolved question |
|---|---|---|
| Offer and attachments | Every page, exhibits, prior agreements and revisions | Are obligations incorporated from another document? |
| Compensation | Lawfully retained pay records and relevant plan terms | Which amounts are earned pay versus payment for the release? |
| Employment events | A dated factual account of termination, leave and complaints | Are there facts the document alone cannot reveal? |
| Future work | Your intended role, clients and industry | Could the restrictions affect that work? |
| Decision timing | Delivery record and written deadline instructions | How much time is actually available to obtain advice? |
Separate facts you can document from assumptions or recollections. This checklist organizes a conversation; it cannot determine whether you should sign or whether a claim has value.
Worked example · hypothetical, not a real agreement
“Employee releases all claims arising before the date of signature. Employee may still file a charge with the EEOC.”
The agency-charge exception preserves a particular right, but does not by itself answer whether a personal damages claim is released. Read the rest of the release and any recovery language.
Question for an attorney: Which claims and remedies remain available after signing, and are there facts I should discuss before releasing them?
Sources & scope
Published by 2nded. Content revised October 30, 2026. General US information with state examples labeled separately. Not reviewed or certified by an attorney.
- EEOC: Understanding waivers in severance agreements
Federal discrimination releases, protected agency participation and age-waiver requirements.
- US Department of Labor: Severance pay
The FLSA does not require severance pay; contracts, plans and other laws can create separate obligations.
- 29 U.S.C. § 626(f): Age-claim waiver requirements
Statutory conditions for knowing and voluntary age-claim waivers, including consideration and revocation periods.
Related severance questions
Prepare for an attorney conversation
Organize the money, restrictions and timing questions in your agreement. The automated review is free; an attorney sets their own fees and availability. Confirm costs before booking a consultation. An introduction is optional and not guaranteed.
The attorney button opens a partner site through MaxBounty. 2nded may be paid if you submit an eligible request. A match is not guaranteed. The partner collects information under its own terms; do not share your agreement unless you choose to. You can also contact an attorney independently.
This page is general information, not legal advice. Employment law varies by state and the facts of your situation matter. Talk to a licensed employment attorney in your state before signing or declining an agreement.