Hide Alternative Choice in Severance Package

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Last updated on Jan 16, 2026

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Although you don't have to sign a severance agreement, your employer may make it a condition of receiving severance pay. ... However, in most cases, an employer is free to condition severance on the employee signing the agreement. In other words, if the employee refuses to sign, the employee won't get any severance pay.
The law does not require your employer to offer you a severance package and the law does not require you to sign it. Your employer cannot force you to sign a severance package. However, an employer can legally refuse to pay you any severance funds if you refuse to sign a release of claims.
Although you don't have to sign a severance agreement, your employer may make it a condition of receiving severance pay. ... However, in most cases, an employer is free to condition severance on the employee signing the agreement. In other words, if the employee refuses to sign, the employee won't get any severance pay.
No law requires an employer to pay severance pay. The Fair Labor Standards Act (FLSA) requires that an employer pays an employee whose employment has been terminated their regular wages through their completion date and for any time that the employee has accrued.
Time can allow you to analyze the offer, negotiate, or retain counsel to assist you. If you are over 40, the law requires employers to include in most standard severance agreements a minimum of 21 days to consider it. 2. Gather information.
In some offices, you will be offered a particular type of severance package dictated by company policy. However, if you can document the reasons you deserve more financial cushion, you may be able to negotiate for a package with a longer length of time, or for full pay and benefits.
Still, even if you've already signed an agreement, you should talk with a lawyer. That's because, in some circumstances, severance agreements (or parts of them) can be found invalid. As it turns out, some legal claims are more difficult to waive than others. Take age discrimination claims.
Answer: Whether you can sue after signing a release depends on the facts, the wording of the release, and your state's law, among other things. A court will first look to whether you specifically gave up your right to bring a discrimination, harassment, or retaliation claim in the release.
Usually, an employee receives severance in exchange for promising not to sue. However, if you were already entitled to severance, the employer must give you something more for signing the release. ... However, if your employer puts pressure on you to sign right away, that might call the agreement into question.
Employees 40 years of age and older must be given at least 21 days to sign a severance agreement and seven days to reconsider or revoke the signature.
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