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Severance agreement review · calculator · counter-proposal letter

Severance agreement review checklist — what they offer, what to ask for, and your deadlines

Short answer. Put in your salary, years of service and the offer: you see it item by item next to a counter-proposal, with the OWBPA and COBRA dates. Severance pay: No federal law requires it — it is what the agreement says (U.S. DOL, FLSA).

  • Age 40+: last day of the 21-day review period (OWBPA): type the date
  • Age 40+ in a group layoff: last day of the 45-day review period (OWBPA): type the date

Check your own case.

OWBPA periods run from the final offer; a material change to the offer restarts them (EEOC). After you sign you have 7 more days to revoke. Under 40 there is no federal minimum — ask for the time you need in writing.

Severance agreement review checklist: first page

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Severance agreement review

What they offer, what to ask for — and how many days you have

Your salary, years of service and the offer. You see the offer item by item next to a counter-proposal, the OWBPA and COBRA dates, and a letter to send.

  1. Do not sign in the meeting. Ask for the agreement in writing and read it at home with the checklist below.
  2. Send the counter-proposal letter: one page, polite, with the numbers from the table.
  3. Elect COBRA within 60 days if you need it, and apply for unemployment benefits in your state.

No federal law requires severance pay (U.S. Department of Labor, FLSA); the amount is what you and the employer agree. Weekly pay = salary ÷ 52, a PTO day = salary ÷ 260. Age 40+: OWBPA — at least 21 days to consider (45 in a group program), 7 days to revoke after signing, advice in writing to consult an attorney (EEOC Q&A on severance waivers). COBRA: 60 days to elect, up to 18 months after a termination, premium up to 102 % (DOL EBSA). State rules on final pay and PTO differ. This is a calculation and a checklist, not legal advice.

Lida, Layers template assistant

Lida, Layers template assistant

Give me your salary, your years and the offer — I will set it next to what you can ask for, item by item.

Do not sign in the room. You have days, and they are on your calendar now.

An illustrated character, not a lawyer.

Deadlines

The rules, with the source

WhatDeadlineSource
Severance payNo federal law requires it — it is what the agreement saysU.S. DOL, FLSA
Review time, age 40+At least 21 days (45 in a group exit program); the agreement must advise you in writing to see an attorneyOWBPA — EEOC Q&A
Revocation, age 40+7 days after signing; the agreement takes effect only after thatOWBPA — EEOC Q&A
Group layoff, age 40+Written list of job titles and ages of those selected and not selectedOWBPA — EEOC Q&A
Right to file a chargeNo agreement can take away your right to file a charge with the EEOC or take part in its investigationEEOC Q&A
COBRA60 days to elect; first payment within 45 days of electing; up to 18 months after a termination; premium up to 102 %U.S. DOL, EBSA

Federal rules only. States set their own rules on final pay, PTO payout and sometimes longer review periods — check your state labor department.

Step by step

What to do, in order

  1. 1

    Do not sign in the meeting

    Ask for the agreement in writing and the time to review it.

  2. 2

    Check it with the list

    The checklist below: pay, benefits, release, non-compete, references, dates.

  3. 3

    Count the offer

    The calculator puts each item next to what you ask for.

  4. 4

    Send the counter-proposal

    One page, polite, with your numbers — the letter is below.

  5. 5

    Watch the dates

    Age 40+: 21 or 45 days to review, 7 days to revoke. COBRA: 60 days to elect.

  6. 6

    Apply for unemployment

    In your state, right after your last day.

Questions

Is my employer required to pay severance?

No federal law requires severance pay (U.S. Department of Labor). It is what you and the employer agree in writing, so it can be negotiated.

How long do I have to sign a severance agreement?

If you are 40 or older, federal law gives at least 21 days to consider (45 in a group layoff) and 7 days to revoke after signing. Under 40 there is no federal minimum.

Can I still file an EEOC charge after signing?

Yes. The EEOC says no agreement can limit your right to file a charge or take part in an EEOC investigation; such a clause is unenforceable.

Official sources

Other documents

Keep the papers in one place

Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.

This is a calculation, a checklist and a letter template, not legal advice. For your own case, talk to an employment lawyer.