# How long do I have to sign my severance?

> Counteroffer · Answers · severance
> Source: https://trycounteroffer.com/answers/how-long-to-sign-severance


**Short answer:** If you're under 40, federal law sets no minimum review period, but most companies give 7 to 14 days. If you're 40 or older, federal law (the Older Workers Benefit Protection Act, part of the ADEA) requires 21 days for an individual layoff and 45 days for a group layoff, plus a 7-day revocation window after signing. Companies that pressure you to sign faster are usually open to extension.

## On this page
- [The legal floor by age and layoff type](#the-legal-floor-by-age-and-layoff-type)
- [What "review period" means in practice](#what-review-period-means-in-practice)
- [The 7-day revocation window](#the-7-day-revocation-window)
- [What if they pressure you to sign faster](#what-if-they-pressure-you-to-sign-faster)
- [What if you already signed](#what-if-you-already-signed)

## The legal floor by age and layoff type

The Age Discrimination in Employment Act (ADEA), amended by the Older Workers Benefit Protection Act (OWBPA), sets specific minimum review periods for severance agreements that include a release of age-discrimination claims:

| Your age | Layoff type | Minimum review period | Revocation period |
|---|---|---|---|
| Under 40 | Individual or group | No federal minimum | No federal minimum |
| 40 or older | Individual | 21 days | 7 days |
| 40 or older | Group (2+ employees) | 45 days | 7 days |

For employees under 40, the review period is whatever the company gives you. Most companies give 7 to 14 days, but this is policy, not law. You can ask for more.

For employees 40 or older, the statutory periods are the floor, not a ceiling. The company can give you more time, but cannot legally give you less for the agreement to be enforceable as to age-discrimination claims.

If a company tries to enforce a release of ADEA claims against an employee 40+ without giving the full statutory window, that part of the release is unenforceable. The rest of the agreement typically remains valid.

## What "review period" means in practice

The clock starts when you receive the agreement, not when HR mentions there's a separation coming. Make sure to document the actual delivery date in writing. If the agreement arrives by email at 3pm on a Monday, that's when the 21-day or 45-day count begins.

You don't have to use the full period. You can sign earlier. But there's no penalty for using all of it, and using the full period gives you time to:

- Read the agreement carefully
- Consult an attorney or a contract review service
- Compare against peer practice
- Draft a counter
- Negotiate a revised offer
- Decide whether to accept

Most experienced employment attorneys recommend using at least 75% of the available window. Signing on day 1 communicates that you weren't going to push back. Signing close to the deadline gives the company time to consider counter-proposals seriously.

## The 7-day revocation window

For employees 40 or older, the OWBPA also requires a 7-day revocation period after signing. During those 7 days, you can revoke the agreement and unwind the deal.

Revocation must be in writing and delivered to the company within the 7-day window. Save copies of everything. If you revoke, the agreement is null and you're back to whatever your status was before signing (usually still terminated, but without the release and without the severance).

The revocation period gives you a last-minute exit if:

- You realize you signed under pressure
- You discover a material issue you missed
- You consult an attorney and they find a problem

Companies sometimes try to draft around the 7-day revocation window by adding language saying the agreement becomes effective on signing. That language is invalid under the OWBPA for the ADEA release. The full 7 days apply regardless of what the agreement says.

## What if they pressure you to sign faster

Some companies pressure employees to sign within 24 to 72 hours, often citing "the offer expires" or "we need to close this out before Friday." This is a negotiating tactic, not a legal requirement.

Your response, in writing:

> Thank you for the agreement. I understand the company would prefer to close this out quickly. Under the OWBPA, I have [21/45] days to review and 7 days to revoke after signing. I plan to use the full review period to consult appropriately. I'll respond with any counter-proposals or accept the agreement before the deadline.

This is firm, polite, and protects you. The company cannot legally retaliate against an employee for using the statutory review period. If you're under 40, send a similar note requesting the period the company would extend to a comparable employee 40+, or at minimum 14 days.

For high-pressure situations, document everything in writing. If HR makes verbal threats about losing the package if you don't sign immediately, follow up by email summarizing what was said. The paper trail matters if you later need to enforce your rights.

## What if you already signed

If you signed and you're 40 or older, you're still in the 7-day revocation window. You can unwind the agreement by sending a written revocation notice to HR (and copying their general counsel if you have it). After revocation, you're not bound by the release, but you also forfeit the severance.

Most people don't want to revoke. They want to fix something specific. If that's your situation:

1. Identify what you wish you'd negotiated
2. Reach out to HR explaining you've reconsidered some terms
3. Propose specific revisions
4. Indicate you'll revoke if no agreement can be reached within the remaining window

Companies generally prefer to amend rather than have you revoke (revocation creates legal exposure and they lose the release). You have real leverage in the revocation window.

If you signed more than 7 days ago and you're 40+, or you're under 40 and signed any time ago, the agreement is binding. You can still ask the company to revisit terms voluntarily, but you've lost your formal leverage.

## What to do next

If you have time and want to make sure you're not leaving money on the table, a 24-hour contract review is the highest-ROI use of a few days of your review window. We deliver a full analysis with cited counter language for $199. See [Severance Review](https://trycounteroffer.com/severance).

## Sources

- ADEA: 29 USC § 621 et seq.
- OWBPA: 29 USC § 626(f)
- *Oubre v. Entergy Operations*, 522 U.S. 422 (1998) (waivers not in compliance with OWBPA are unenforceable)

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## Related answers
- [What is ADEA and why does it matter for my severance?](https://trycounteroffer.com/answers/adea-explained)
- [How do I negotiate a severance offer?](https://trycounteroffer.com/answers/how-to-negotiate-severance)
- [What's negotiable in a severance agreement?](https://trycounteroffer.com/answers/whats-negotiable-in-severance)

## 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._