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.
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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.
Want a reminder before the deadline to sign and the COBRA deadline?
The calendar file works without an account. The reminder needs a free account to know where to send it.- Do not sign in the meeting. Ask for the agreement in writing and read it at home with the checklist below.
- Send the counter-proposal letter: one page, polite, with the numbers from the table.
- 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
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
| What | Deadline | Source |
|---|---|---|
| Severance pay | No federal law requires it — it is what the agreement says | U.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 attorney | OWBPA — EEOC Q&A |
| Revocation, age 40+ | 7 days after signing; the agreement takes effect only after that | OWBPA — EEOC Q&A |
| Group layoff, age 40+ | Written list of job titles and ages of those selected and not selected | OWBPA — EEOC Q&A |
| Right to file a charge | No agreement can take away your right to file a charge with the EEOC or take part in its investigation | EEOC Q&A |
| COBRA | 60 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
Do not sign in the meeting
Ask for the agreement in writing and the time to review it.
2
Check it with the list
The checklist below: pay, benefits, release, non-compete, references, dates.
3
Count the offer
The calculator puts each item next to what you ask for.
4
Send the counter-proposal
One page, polite, with your numbers — the letter is below.
5
Watch the dates
Age 40+: 21 or 45 days to review, 7 days to revoke. COBRA: 60 days to elect.
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.