How long do I have to sign my severance agreement?
The short answer
For employees 40 and older, the Older Workers Benefit Protection Act (OWBPA) — as reported in EEOC guidance — generally requires employers to give at least 21 days to consider a severance agreement, extended to 45 days when the offer is made as part of a group layoff or exit-incentive program. After signing, there is a 7-day revocation window that cannot be waived. For employees under 40, no federal statute sets a specific consideration period, and the time given depends on the agreement itself. The deadline and revocation language in your specific agreement are what to check — those terms control the clock you are actually on. Scan your agreement to see what it says before that window closes.
What Dang reviews here: Dang reviews the clause language in your severance agreement — what the consideration period, release, non-compete, arbitration, and non-disparagement terms say and what to ask about them. It does not verify wage, hour, or leave compliance.
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What the consideration-period clause usually does
A severance agreement sets how long you have to review and accept it, what consideration you receive (severance pay, COBRA subsidy, outplacement), and what claims you release in exchange. The consideration period is often stated as a deadline date or a number of days from delivery. OWBPA, as described in EEOC guidance, establishes minimum windows for workers 40 and older: 21 days for an individual offer, 45 days when a group of employees is being laid off at the same time.
Workers 40 and older who sign before the 21- or 45-day period ends still have 7 calendar days after signing to revoke — and that 7-day window cannot be shortened or waived by agreement. The agreement does not become effective until the revocation period expires. Younger employees are not covered by OWBPA's specific windows, and what time they get depends entirely on the agreement.
Why people worry
The pressure is real: an employer may emphasize urgency, and the clock feels short when you are also navigating job loss, health insurance questions, and the emotional weight of departure. Workers 40 and older sometimes do not know they have 21 days and sign early, then wonder whether they can still back out. Others sign under the impression that a quick signature reflects goodwill — and only later realize what they gave up.
What to look for in your agreement
- The deadline: how many days you have from delivery of the agreement, and whether the clock restarts if the employer makes material changes to the offer.
- Whether the agreement states you were advised to consult an attorney — OWBPA requires this for workers 40 and older.
- The 7-day revocation clause and the specific form of written revocation it requires.
- Whether the agreement is part of a group reduction in force — if so, the 45-day window applies for workers 40 and older.
- The effective date language — the agreement typically becomes binding on the eighth day after signing if no revocation occurs.
Questions to ask before signing
- Ask the employer to confirm in writing the exact date the consideration period expires.
- Ask the other party to clarify whether any changes to the offer restart the 21- or 45-day clock.
- Confirm the procedure for revoking — whether email is accepted, and to whom it must be sent.
- Consider having the agreement reviewed by an attorney before the deadline, not the day before.
Why scan instead of guess
The general rule tells you the baseline. Your offer tells you what you’re actually being asked to sign — and the wording is what binds. Dang reads the document and flags the clauses worth reviewing, in plain English.
The deterministic engine scores and decides what’s risky. The AI only enriches the plain-English wording — AI extracts, code decides, never the other way around.
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Common questions
Does the 21-day rule apply to employees under 40?
The OWBPA 21-day minimum only applies to employees 40 and older under the ADEA, as reported in EEOC guidance. For employees under 40, the time given to review depends on what the agreement itself states.
What happens if I sign before the 21 days are up?
EEOC guidance states that signing early is permitted as long as the decision is knowing and voluntary and not induced by the employer's improper conduct. The 7-day revocation period still runs from the date of your signature.
I'm over 40 and was laid off in a group reduction — how long do I have?
OWBPA requires at least 45 days for group layoff situations when workers 40 and older are offered a waiver as part of an exit-incentive or other termination program, as reported in EEOC guidance. The 7-day revocation right also applies.
Sources
- EEOC — Q&A: Understanding Waivers of Discrimination Claims in Employee Severance Agreements (official agency guidance) · official source
- Sources last checked 2026-06-11. Laws and market practices change — confirm current rules before relying on them.
No account required · File deleted after analysis · Not legal advice. Dang reports contract findings in plain English — general information, not legal advice about your situation. For consequential decisions, consult a licensed attorney in your state.