Got laid off and HR wants me to sign by Friday - what do I do?

Counteroffer · Answers · severance Source: https://trycounteroffer.com/answers/laid-off-sign-by-friday-pressure

Short answer: Don't sign. If you're 40 or older, federal law (the Older Workers Benefit Protection Act) gives you 21 days for an individual layoff or 45 days for a group layoff. For everyone else, you have whatever time you need to consult an attorney; pressure to sign in days is a negotiating tactic, not a legal requirement. Respond in writing requesting the statutory review period and stating you'll respond before any deadline you've agreed to.

Why HR pressures you to sign fast

Companies pressure quick signing for several reasons, all of which work against your interest:

The shorter your review window, the less likely you are to consult counsel
Speed reduces the chance you'll benchmark the offer against peers
Reactive emotional decisions favor the initial offer over a counter
Time pressure creates a sense the offer is one-time and non-negotiable
Companies want layoffs cleared from their books quickly for various business reasons

The pressure is almost always a negotiating tool, not a legal requirement. The exceptions are narrow (some specific industry contexts; rare).

Your statutory protection

If you're 40 or older, the Older Workers Benefit Protection Act (OWBPA), part of the federal Age Discrimination in Employment Act, requires:

21 days minimum to review the agreement for an individual layoff
45 days minimum for a group layoff (defined as 2+ employees terminated as part of the same program)
7 days revocation period after signing

These periods start when you receive the agreement. They are floor requirements: the company can give you more time, but cannot legally give you less if the agreement includes a release of ADEA claims. A release signed without proper time is unenforceable as to ADEA claims (Oubre v. Entergy Operations, 1998).

For employees under 40, there's no federal statutory minimum. But:

The company cannot lawfully retaliate against you for asking for review time
Most companies will grant additional time when politely requested
Pressure to sign in days without time to consult counsel is itself a sign the company isn't acting in good faith
For non-ADEA claims (discrimination, retaliation, breach of contract), you have rights regardless of when you sign

The practical floor for review time: 7-14 days even for employees under 40, longer for group layoffs.

The response template

Email to HR, in writing, the same day:

Hi [HR contact],

Thank you for the conversation today and for sending the separation agreement. I'd like to confirm I'm taking the [21-day / 45-day] review period to consider the agreement carefully and consult with an attorney, as the agreement itself advises [if you're 40+ and the agreement includes this language; reference it].

[If under 40] I'd like to request the standard review period the company extends to comparable employees, or at minimum 14 calendar days to consult appropriately. Please confirm the deadline by which I need to respond.

I'll come back with any questions or proposed revisions within that window. In the meantime, please confirm:

The last day of my employment

The structure of any continuing benefits (healthcare, equity, etc.) through the separation date

The deadline by which I need to respond

Whether the agreement is still subject to revision based on questions or counter-proposals

Looking forward to a clean conclusion.

Best, [Your name]

This template works because:

It's professional and firm without being adversarial
It cites the applicable law for employees 40+
It requests procedural information in writing
It signals you intend to use the full review period
It documents the conversation in writing for your records

Common pressure tactics and how to respond

"The offer expires Friday."

"I understand the company would prefer a quick conclusion. My response: the offer either includes a 21-day (or 45-day) review period as required by OWBPA, in which case Friday isn't the actual deadline, or it doesn't, in which case the release as to ADEA claims wouldn't be enforceable. Either way, please confirm the actual deadline in writing."

"This is a one-time offer; if you negotiate, we'll rescind."

"I appreciate the directness. I'd like to discuss a few terms in the agreement. Specifically [your priorities]. Are these items the company can consider, or is your position that the agreement is non-negotiable in its current form?"

"We need to know today or we'll have to move on."

"I take the offer seriously and want to respond thoughtfully. Please confirm in writing that the company is requiring a same-day response. If so, that's a position I'll need to consult counsel about before proceeding."

"Everyone else has signed."

"I'm not in a position to act on what others did. I'm focused on understanding this agreement and any questions or revisions specific to my situation."

Verbal threats about losing equity, healthcare, or other items.

Get any specific threat in writing. Email follow-up: "Just to confirm what you said in our call: are you stating that if I don't sign by [date], I will lose [specific item]? Please confirm in writing so I can address it."

Verbal threats often disappear when you ask for written confirmation.

When the pressure is justified

There are a few situations where the deadline really matters:

Public company tender offer or stock buyback: Some severance terms are conditioned on participation in a tender offer with a fixed deadline.
M&A transaction close: If your termination is connected to a sale, the deadline may align with the deal close.
Year-end accounting: Some companies want separations settled before fiscal year-end for accounting reasons. This is a company preference, not a legal requirement.
Tax planning: Severance payments can have tax timing implications across years. Sometimes deadlines reflect tax planning.

Even when the deadline has a real basis, the company usually has flexibility to extend by 1-2 weeks. Ask in writing.

What to do next

If you want a delivered review of your severance offer with a recommended response (including how to handle deadline pressure), we deliver one in 24 hours for $199. See Severance Review.

For genuinely urgent situations, email hello@trycounteroffer.com after purchase and we'll often turn the review in 4-6 hours at no extra cost.

Sources

Older Workers Benefit Protection Act, 29 USC § 626(f)
Oubre v. Entergy Operations, 522 U.S. 422 (1998)
EEOC guidance on Understanding Waivers (2009)

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.