Insight

Is a severance agreement final once I sign it?

An employee reviewing a severance agreement, representing severance review for Illinois workers

Short answer: Not always. Some severance agreements include a revocation window — and even a signed agreement can contain terms that are unenforceable. The best move is to have it reviewed before you sign. If you have already signed, it is still worth a look.

Can you revoke after signing?

Sometimes. If the agreement asks you to waive an age-discrimination claim, federal law (the OWBPA, part of the ADEA) generally gives you at least 21 days to consider it and 7 days to revoke after signing — 45 days to consider in some group layoffs. Those protections exist precisely so the decision is not rushed.

What usually cannot be waived

  • Your right to file a charge with the EEOC or a similar agency (though you may waive the right to recover money personally).
  • Claims for unemployment benefits in most cases.
  • Already-earned wages, certain vested benefits, and some other non-waivable rights.

Red flags worth a second look

  • A short fuse: “sign by tomorrow” pressure.
  • A release that is broad but the payment is thin.
  • Non-compete or non-disparagement terms you do not fully understand.
  • The agreement arrives alongside a possible discrimination, retaliation, or wage claim — meaning you may be waiving something valuable.

What to do now

Do not sign under pressure. Note any deadline in the document, gather your offer letter and pay records, and have an attorney review the release — the cost of a review is small next to what you may be giving up. If you already signed, ask whether a revocation period still applies and whether any waiver is enforceable.

Related: severance review, wrongful termination.

Speak with an attorney

If any of this sounds like your situation, the first conversation is free and confidential. You will leave knowing the next step.

Call (312) 248-3303

This article is attorney advertising and general information only. It is not legal advice, and reading it or contacting GB Law does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of each matter. Speak with an attorney promptly so a deadline does not decide your case for you.

Contact

Begin with the facts.

The first conversation is about the facts, the timeline, and what is at stake. If GB Law can help, you will understand the next step. If not, you will get a straight answer.

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Chicago, Illinois 60622
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