What if I already signed my severance? Can I undo it?

Counteroffer · Answers · severance Source: https://trycounteroffer.com/answers/already-signed-severance

Short answer: If you're 40 or older, you have a federally mandated 7-day revocation period after signing during which you can rescind the agreement in writing. If you signed less than 7 days ago, you can still undo it. If you're under 40, the revocation period is whatever the agreement specifies (often none). Outside the revocation window, the agreement is binding, but you can still ask the company to amend it. Companies sometimes agree to revisions even after signing, especially if there's a material defect or if both parties prefer to keep the agreement enforceable.

The 7-day revocation window (employees 40+)

For employees 40 or older, the Older Workers Benefit Protection Act (OWBPA) requires that severance agreements containing a release of age-discrimination claims include a 7-day revocation period after signing. During those 7 days, you can rescind the agreement in writing and unwind the deal.

Key facts about the revocation window:

Begins the day after you sign
7 calendar days, not business days
The agreement is not effective until the revocation period expires
Revocation must be in writing and delivered to the company before the deadline
Companies sometimes try to draft around this with "effective on signing" language, but the 7-day window applies regardless under federal law

If you signed less than 7 days ago and you want to undo the agreement, you have a clear legal right to do so.

How to revoke

Send a revocation notice in writing, the same day you decide. Email plus a hard copy to the addresses listed in the agreement:

Notice of Revocation of Severance Agreement

Date: [today]

To: [Company HR, attention: name listed in agreement]

Re: Revocation of Separation Agreement signed [date]

Pursuant to the 7-day revocation period required by the Older Workers Benefit Protection Act and as provided in Section [X] of the Separation Agreement I signed on [date], I hereby revoke that agreement in its entirety. The agreement is null and void.

Please confirm receipt of this notice in writing.

[Your signature] [Printed name] [Date]

Send by email to the HR contact and (if specified) the company's general counsel. If the agreement requires hard copy, send by certified mail with return receipt requested. Save all proof of delivery.

What happens after revocation

When you revoke:

The severance agreement is null and void
The release of claims you signed is not enforceable
You're back to your status before signing (which usually means terminated, but without the severance payment and without the release)
The company keeps any severance amount they have not yet paid out
If the company already paid severance, they may demand return; check the agreement for specific clawback language

Practically, most people revoke not to walk away entirely but to renegotiate. The leverage of revocation is significant: the company would rather amend the agreement than have you revoke entirely and potentially sue.

If you revoke with intent to renegotiate, follow up shortly after with a substantive proposal:

Hi [HR contact],

Per my revocation notice earlier today, the agreement is no longer in effect. I'd like to propose revisions and re-sign once we reach agreement. Specifically:

[Your top 2-3 items, with peer practice citations]

I'm available to discuss this week. Looking forward to a clean resolution.

This signals you're not trying to extract litigation leverage; you want a revised agreement.

If you're under 40

For employees under 40, federal law doesn't require a revocation period. Whatever the agreement says controls. Some agreements specify a revocation window even for younger employees; many don't.

If your agreement doesn't include a revocation period and you signed under 40:

The agreement is generally binding when signed
You have no automatic right to revoke
You can ask the company to amend, but they're under no obligation to agree
In some states, contracts signed under duress or with material misrepresentation may be voidable, but this is fact-specific and requires legal analysis

If you signed under 40 and want to undo, consult an employment attorney immediately about state-law defenses.

Outside the revocation window

If you signed more than 7 days ago (or you're under 40 and your agreement has no revocation period), the agreement is binding. But this doesn't mean you have no options.

Voluntary amendment. Companies sometimes agree to amend existing severance agreements:

If they discover defects in the agreement that benefit you to fix
If you raise concerns that risk litigation they'd rather avoid
If the relationship matters for future references or industry interactions
If the company has changed policy and wants to align past separations

Approach: "I've been reflecting on the agreement and have a few items I'd like to discuss. While I understand the agreement is signed and effective, I wanted to raise [specific concerns] and see if there's room for amendment."

Legal challenge for material defects. If the agreement has specific legal defects, you may have grounds to challenge enforceability:

ADEA release without OWBPA compliance (release void as to age claims)
Release of claims that legally cannot be waived (whistleblower, NLRA, etc.)
Material misrepresentation by the employer
Duress in the signing context
Lack of consideration (you didn't actually receive what was promised)

These are fact-specific. If you suspect a material defect, consult an employment attorney before taking action.

Unenforceable provisions. Even a signed agreement may have unenforceable provisions (broad non-competes in CA, overbroad non-disparagement under McLaren Macomb, etc.). You're not stuck with provisions that aren't legally enforceable.

What to do next

If you signed within the last 7 days and you're 40 or older, you have a clear right to revoke and renegotiate. If you want a delivered review of your already-signed agreement to identify what to renegotiate (or what defects to challenge), we deliver one in 24 hours for $199. See Severance Review.

For situations involving suspected legal defects or potential litigation, this calls for direct attorney consultation rather than our standard contract review.

Sources

Older Workers Benefit Protection Act, 29 USC § 626(f)
Oubre v. Entergy Operations, 522 U.S. 422 (1998)
McLaren Macomb, 372 NLRB No. 58 (2023)

Get your contract reviewed

If you want a delivered review of your specific document with cited authority and counter language, see https://trycounteroffer.com/severance.

Last updated: Sun May 31 2026 00:00:00 GMT+0000 (Coordinated Universal Time)

Counteroffer is a contract analysis service, not a law firm. This page is informational, not legal advice.