I Was Handed a Severance Agreement. Now What? (Updated 2026)
What To Do If You Receive a Severance Agreement
Have a severance agreement? Stop — don’t sign anything yet.
Here’s what to do instead:
Step 1: Don’t Sign Now
Your employer wants you to sign the agreement.
You should:
- Review it
- Get legal advice
Important: If you’re 40 or older
Federal law gives you 21 days to review an agreement that includes a release of age discrimination claims, and 7 days to revoke it if you do sign it.
Step 2: Gather Your Documents
Bring these documents to an attorney specializing in employment law:
- Your severance agreement
- Any employment contracts, NDAs, or non-competes
- Employee handbooks
- Documents outlining vacation, PTO, and benefits
- Performance reviews or warnings
- Emails and Slack/Teams messages
Step 3: Make a Summary
Before meeting an attorney, write down:
- A quick timeline of events that led to your termination
- What was said in meetings or termination conversations
- Key people involved in your termination and their roles
The attorney will want to know:
- When you were terminated
- Who was in the room
- What they told you
- What reason they gave
- What you think the reason for your termination was
Step 4: Get Legal Advice
A severance agreement attorney in San Francisco will:
- Check if your agreement is legally enforceable, including whether it has valid consideration and a release of claims
- Make sure your severance offer is fair
- Identify ways to potentially increase your severance
- Protect rights you might need later
What To Do If You Receive a Severance Agreement FAQs
Should I sign a severance agreement right away?
No, you should always review it first, preferably with a severance agreement attorney in San Francisco. Signing too quickly may cost you money and your rights.
How long do I have to review a severance agreement?
Your employer will usually allow you some time to review it. Federal law gives employees aged 40 and older 21 days to review a severance agreement that includes a release of age discrimination claims.
Can I negotiate my severance package?
Yes, many terms may be negotiable, such as extra pay or extended benefits. The right attorney could help you get better terms.
Additional Severance Agreement Resources From Stoll & Haynes
- Severance Agreement Attorney in San Francisco
- A Severance Agreement Might Not Be Enforceable Without Consideration
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.